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Abstract

This article consists of an introduction by which the importance of public property was clarified, this is according to its connection to the economic structure of the state.

Then the article was divided into Two Chapters:

In chapter one, we discussed the concept of public property, its sorts and conditions. Firstly we talked about the private property, what can be considered as a private property according to Islamic rules, we concluded that the property can be divided into: estimated and non-estimated property, Then we discussed the Jurists’ opinions on public property. Secondly we clarified the sorts of public property in Islamic law. Thirdly we discussed the conditions by which we can distinguish between the state public and private property according to Islamic law.

In Chapter Two we detailed the system of protecting public property in Islamic law, the control systems used during the Prophet Muhammad’s era, or during the era of Rashidin Caliphs, and both Umayyad and ‘Abbasi ones. A detailed discussion was devoted to (Hisbah) and (Mazalim) as Two systems of protecting public property

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Criminal Law Commons

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