Usufruct Apportionment "Al-Muhāya’ah" in Common Property between Islamic Jurisprudence and Omani Law: A Comparative Study 10.35781/1637-000-146-005

Abstract

This research examines the system of usufruct apportionment (Al-Muhāya’ah) in common property as a jurisprudential and legal mechanism aimed at regulating the use and enjoyment of jointly owned property without terminating the state of co-ownership. The study is conducted in light of the rulings of Islamic jurisprudence and the legal regulation provided in both the Omani Civil Transactions Law and the Egyptian Civil Code. The research seeks to clarify the concept of Muhāya’ah, its types and legal rulings, analyze its Sharīʿah foundations, and examine the extent to which contemporary civil legislations conform to the principles of Islamic jurisprudence in this field. The study adopts an analytical and comparative methodology by analyzing relevant jurisprudential and legal texts and comparing classical juristic applications with modern legislative regulation. The findings reveal that Muhāya’ah does not constitute a division of ownership, but rather a division of usufruct, and that it represents a practical and flexible solution to the difficulties associated with the enjoyment of common property. The research also demonstrates that both the Omani and Egyptian legislators have drawn upon the rules of Muhāya’ah established in Islamic jurisprudence, while introducing certain regulatory controls to accommodate practical realities, particularly with regard to judicial authority to impose Muhāya’ah in specific cases. In light of these findings, the research recommends enhancing legal awareness of the rules governing Muhāya’ah, encouraging co-owners to resort to it as a means of reducing disputes, and developing the relevant legal provisions to achieve greater clarity and flexibility in application, thereby contributing to the protection of co-owners’ rights and the stability of legal transactions. Keywords:Usufruct Apportionment (Al-Muhāya’ah), Common Property, Division of Usufruct, Islamic Jurisprudence, Civil Law