At a glance
- Review
- Draft Completeness 1/5 · Help complete it
Summary
Related terms
Haqq is wider than milk: in the lexicon it means the opposite of falsehood, a share, or what cannot be denied, and in law a fixed duty owed to God or to people. 2
Sanctity of property
Kinds
Ownership is full or partial depending on whether one holds the thing and its use together. It is private or public (water, pasture and fire are held in common). It is by choice or by compulsion, as in inheritance and pre-emption. It is stable or unstable, as a rent before its use or a price before delivery. 3 4 5 6
Causes
Limits on use
The owner must not waste or be miserly, must not use what the law forbids, should in general make his property productive, and must not harm others. The jurists differ on whether a neighbour may be stopped from ordinary uses that harm him: the early Hanafis and Shafi'is did not stop them, the Malikis and the stronger Hanbali report stopped them where harm was intended or excessive. 8 9 10
Limits on transfer
Limits set by the ruler
Compulsory transfer for private benefit
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15000
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15001
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15002
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15003
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15006
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15007
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15008
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15009
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15010
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15011
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15012
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15013
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15014
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15015
Cite this page
islam.museum contributors. “Ownership (milk) and its kinds, causes and limits”. islam.museum, https://islam.museum/en/concept/milk/. CC BY-SA 4.0. Last updated 2026-10-23.