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Mulkiyyah Naqisah


Arabic (ملكية ناقصة) for incomplete ownership; an ownership (mulkiyyah) where the owner does not have a full right over the property/ assets. By virtue of this type of ownership, the owner partially controls the property/ assets and any economic benefits that would arise therefrom, including either the corpus (raqabah), or part thereof, or the usufruct (manfaah), or part thereof, but not the corpus and usufruct in a whole.

Mulkiyyah naqisah is devoid of at least one of three different aspects of right (haq): the right to dispose (tasarruf, haq al-tasarruf), the right to use and the right to receive any benefits that may arise from such ownership. If any of the three types of haq lacks or does not exist (or is not provided for under an arrangement/ situation), then ownership is said to be “mulkiyyah naqisah”. Otherwise, it is mulkiyyah tammah (mulkiyyah kamilah).



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