Legal nature of the ownership rights in the floors and flats, related to the common areas

Authors

Ahmed Mohamed Abdullah Qatman Abdul Samad, Ali Obaidi

 

Abstract

This research aims to identify the legal form and position of the concerned parties in the ownership of the floors and flats, that explains to us their rules. The (Islamic) jurisprudence i immensely different in identifying the nature of the rights in the floors and flats related to the common areas. In this field there are many theories, which can be divided in to two concepts. The First Concept: Contains opinions that differentiate between each owner authority in the parts which they collectively use, other than the rest of the owners. These are the floors or the flats and the authority of the owners over the areas which they commonly use, i.e., the common areas. They consider the first as “exclusive ownership right”. They had different theories in relation to the rights of each owner in the common areas, as we will see in the first theme. The Second Concept: Those who embrace this concept look upon the building as one unit and hence the rights of the owners may not be separated from such building. Each owner shall have the right- whatsoever, in this material structure, along with the owners. For this reason, this team, in turn, had different opinion, on the nature of this right, which we would address, in the Second Theme.

DOI: 10.51958/AAUJBL2025V9I1P6