Partner Rent his Common Share -A comparative study between positive law and Islamic jurisprudence-

Doi:https://doi.org/10.37940/JRLS.2023.4.1.14

Abstract

There is no dispute over it in jurisprudence and law that the partner in common ownership owns his share completely, so he has the right to use it, exploit it and dispose of it, and those powers are limited only by not harming the rest of the partners. A disagreement in this regard between legal jurisprudence and a side of Hanafi jurisprudence about the inadmissibility of a partner renting his share to a non-partner, at a time when the majority of scholars permitted that and another aspect of Hanafi jurisprudence. And discussing its compatibility with the practical reality of the importance of that subject and its close connection with our contemporary reality.