Islamic Law of Transaction: Ownership of the Property Alone

1. What Does “Ownership of the Property Alone” Mean?

Sometimes one person owns the physical property, while another person owns its usufruct.

Remember:

Property = the actual thing

Examples:

• house,
• land,
• building.

Usufruct (manfa‘ah) = the legal right to use and benefit from that property

Examples:

• living in a house,
• farming land,
• using a building.

So it is possible for ownership to be divided like this:

Person A → owns the property itself

Person B → owns the usufruct

This is a form of partial ownership because one person does not possess both elements at the same time.

2. Example Through a Will

A common example is a will (wasiyyah).

Wasiyyah

A wasiyyah is an instruction made by a person concerning property that is intended to take effect after his death, subject to Islamic legal rules.

Example

Ali owns a house.

In his will, Ali states:

“After my death, Ahmad may live in my house for ten years.”

Ali later dies.

What happens?

The physical house passes to Ali’s heirs through inheritance.

However, Ahmad receives the right to live in the house for ten years.

So:

Physical house → Ali’s heirs

Ten-year usufruct → Ahmad

The ownership has therefore been divided.

3. Another Example — Lifetime Usufruct

Suppose Ali writes in his will:

“After my death, Yusuf may cultivate my farmland for the rest of his life.”

When Ali dies:

Ali’s heirs → own the farmland itself

while:

Yusuf → owns the right to cultivate and benefit from the farmland during his lifetime

Therefore, the heirs own the property, but they do not presently possess its full benefit.

4. What Happens When the Usufruct Period Ends?

When the period of usufruct finishes, the temporary separation ends.

Example

Ali’s heirs own the house.

Ahmad has the right to live there for ten years.

During those ten years:

Heirs → physical property

Ahmad → usufruct

After ten years:

Ahmad’s usufruct ends

↓

the usufruct returns to the heirs

↓

the heirs now have property + usufruct

↓

Total Ownership

So the heirs’ ownership becomes complete.

5. Why Is the Heirs’ Ownership Initially Partial?

The heirs own the actual property, but another person owns its current benefit.

Therefore:

Property ownership ✅

Present usufruct ❌

This means they have:

Partial Ownership

When the usufruct later returns to them:

Property ✅

• ●

Usufruct ✅

=

Total Ownership

6. Can the Property Owner Use the Property During Someone Else’s Usufruct?

Normally, the owner cannot use the property in a way that interferes with the usufruct that legally belongs to another person.

Example

Ali’s heirs own a house.

Ahmad has been legally given the right to live there for ten years.

The heirs cannot simply say:

“We own the house, so we will move in too.”

Why?

Because Ahmad currently owns the legally recognized benefit of living in the house.

The heirs own:

the physical property

but Ahmad owns:

the present usufruct

Therefore, the heirs must respect Ahmad’s legal right.

7. Can the Property Owner Deal With the Usufruct?

No, not as though the usufruct still belongs to him.

If the usufruct has already been legally given to another person, the physical property owner cannot transfer or use that same usufruct for himself during the specified period.

Example

The heirs own the house.

Ahmad has the right to live there for five years.

The heirs cannot normally rent the same residential benefit to Yusuf for those same five years.

Why?

Because:

the present usufruct already belongs to Ahmad

They cannot give another person a benefit that they do not presently control.

8. What About Dealing With the Property Itself?

The passage explains that while another person owns the usufruct, the owner of the property is also restricted in dealing with the physical property.

The main idea is:

Ownership of the physical property cannot be exercised in a way that destroys or defeats the existing usufruct right.

Example

The heirs own a house, while Ahmad has the right to live there for ten years.

The heirs cannot simply destroy the house or otherwise deal with it in a way that makes Ahmad’s usufruct impossible.

The existing usufruct must be respected.

So:

Physical ownership

does not allow the owner to ignore:

another person’s legally established usufruct

9. The Property Must Be Given to the Usufruct Holder

The owner of the physical property is required to make the property available to the person who owns its usufruct.

Example

Ahmad has a valid right under a will to live in a house for ten years.

The heirs inherit the house.

The heirs must allow Ahmad to take possession of the house so that he can actually enjoy the benefit given to him.

So:

Ahmad has usufruct

↓

heirs must deliver access to the house

↓

Ahmad can exercise his legal right

10. What If the Property Owner Refuses?

The passage explains that the owner may be compelled to deliver the property to the usufruct holder.

Coerced / Compelled

This means that legal authority may force a person to perform an obligation that he refuses to perform voluntarily.

Example

Ali’s will gives Ahmad the right to use farmland for five years.

Ali’s heirs inherit the land but refuse to allow Ahmad onto it.

If Ahmad’s usufruct is legally valid:

heirs refuse access

↓

Ahmad’s right is being prevented

↓

legal authority may compel the heirs

↓

land must be made available to Ahmad

This shows that usufruct is more than mere permission.

It is a legal right that can be enforced.

11. This Example Shows Why Usufruct Is Different From Mere Permission

Suppose Ali merely tells Ahmad:

“You may use my garden tomorrow.”

That may simply be permission.

But suppose Ahmad has a legally valid usufruct under a will.

Then:

Ahmad is not merely asking for permission

He already has:

a legally established right to the benefit

This is why the property owner may even be compelled to allow him access.

So:

Mere Permission

“You may use it because I allow you.”

Usufruct

“I have a legal right to use it, and the property owner must respect that right.”

12. Ownership of the Physical Property Is Normally Permanent

The passage explains that ownership of the physical property itself is generally perpetual, meaning it does not automatically expire after a fixed period.

Perpetual

Perpetual means continuing without a fixed ending date.

Example

The heirs inherit a house.

Their ownership is not:

“for ten years only.”

They continue to own the house even while Ahmad has a temporary right to live there.

So:

Heirs’ ownership of property → continues

while:

Ahmad’s usufruct → may be temporary

13. Why Does Ownership of the Property Eventually Become Total Ownership?

Because temporary usufruct normally comes to an end.

When it ends, the property owner again receives the benefit.

Example

Heirs own land.

Yusuf has the right to farm it for five years.

During the five years:

Heirs → property

Yusuf → usufruct

After five years:

Yusuf’s usufruct ends

↓

usufruct returns to heirs

↓

heirs have property + benefit

↓

Total Ownership

This is why the passage says that ownership of the property alone normally ends in total ownership.

14. Ownership of Usufruct Is Usually Temporary

Unlike physical property ownership, usufruct is commonly limited by:

• a fixed number of years,
• the lifetime of a person,
• another agreed or legally defined period.

Example 1 — Fixed Period

Ahmad has the right to live in a house for:

10 years

After ten years:

right ends

Example 2 — Lifetime

Yusuf has the right to farm land:

for the rest of his life

When Yusuf dies:

the lifetime usufruct ends

subject to the rules governing that arrangement.

So usufruct is usually:

temporary or limited

rather than permanent.

15. There Are Exceptions

The passage notes that there are some exceptions where a usufruct or benefit may continue for a much longer or permanent purpose.

One example mentioned is:

Waqf

A waqf is property permanently dedicated for a religious, charitable, family, or social purpose.

A waqf may create continuing benefits for its beneficiaries.

So although usufruct is normally temporary:

some legally established benefits may continue permanently or for an indefinite period.

16. The Hanafi Position on Inheriting Usufruct

The passage specifically mentions the Hanafi school.

According to the rule stated in the passage:

Hanafi jurists held that usufruct is generally not inherited in the same way as the physical property itself.

This helps explain why usufruct is usually treated as temporary in this discussion.

Simple Example

Suppose Ahmad personally has a right to use a house for his lifetime.

Ahmad dies.

According to the Hanafi approach referred to in the passage, that usufruct does not automatically pass to Ahmad’s heirs merely because they are his heirs.

Instead, the right may end according to the terms and nature of the usufruct.

17. Important: Do Not Confuse the Two Different Inheritances

There are two different things here.

First: Inheritance of the Physical Property

Ali dies.

His children inherit his house.

So:

House itself → heirs

Second: Existing Usufruct Belonging to Someone Else

Ali’s will gave Ahmad the right to live in that house for ten years.

So:

Usufruct → Ahmad for ten years

The heirs inherit the house subject to Ahmad’s existing usufruct.

Therefore:

Inheriting the property does not automatically cancel another person’s valid usufruct.

18. One Complete Example

Suppose Abdullah owns a farm.

His will states:

“After my death, Bilal may cultivate this farm for fifteen years.”

Abdullah dies.

Step 1 — Physical Property

Abdullah’s children inherit the farm.

So:

Farm → children

Step 2 — Usufruct

Bilal receives the right to cultivate the farm for fifteen years.

So:

Farming benefit → Bilal

Step 3 — During the Fifteen Years

The children remain owners of the physical land.

But they cannot simply:

• occupy the land in a way that prevents Bilal farming it,
• take Bilal’s farming benefit for themselves,
• interfere with his valid usufruct.

They must allow Bilal to use the land according to his legal right.

Step 4 — Children Refuse Access

If the children refuse to allow Bilal onto the land:

Bilal has a legal usufruct

↓

children are preventing his right

↓

legal authority may compel them to give access

Step 5 — Fifteen Years End

Bilal’s usufruct finishes.

Now the children possess:

the farm

• ●

the right to use the farm

Therefore:

Their ownership becomes total.

19. The Full Flow of Understanding

Start with:

Person owns property + usufruct

↓

Total Ownership

Then the owner creates a future usufruct through a will.

↓

Owner dies.

↓

Physical property passes to:

heirs

while usufruct passes to:

person named in the will

↓

Now:

Heirs → property only

Beneficiary → usufruct only

↓

Partial Ownership

↓

Usufruct period ends.

↓

Usufruct returns to heirs.

↓

Property + usufruct

↓

Total Ownership Again

20. Why Is the Physical Owner Restricted?

A student may ask:

“If the heirs own the house, why can’t they use it?”

Because ownership of the house and ownership of its current benefit are temporarily separated.

The heirs own:

the structure/property

But the beneficiary owns:

the current legally recognized use

Example

The heirs own the house.

Ahmad owns the right to live there until 2035.

The heirs cannot say:

“But our name is on the ownership, so Ahmad must leave.”

Their ownership is currently limited by Ahmad’s valid usufruct.

This is the meaning of:

Partial Ownership

21. Does the Usufruct Holder Become Owner of the House?

No.

This is equally important.

Ahmad may have the right to live in the house for ten years.

But Ahmad cannot normally say:

“Therefore the house itself belongs to me.”

It does not.

So:

Usufruct holder → owns/holds the benefit

Property owner → owns the physical asset

They own different legal interests.

22. Direct Questions and Answers

Question 1: What is ownership of the property alone?

Answer:

It means a person owns the physical property while another person owns its current usufruct.

Question 2: Can this happen through a will?

Answer: Yes.

A person may leave someone the right to:

• live in his house,
• cultivate his land,
• use another property,

for a fixed period or sometimes for that person’s lifetime.

Question 3: Who owns the property after the original owner dies?

Answer:

The physical property may pass to the deceased’s lawful heirs through inheritance.

Question 4: Who owns the usufruct?

Answer:

The person named in the valid arrangement holds the usufruct for the period stated.

Question 5: Can the heirs use the property during that period?

Answer:

Not in a way that interferes with the usufruct belonging to the other person.

Question 6: Must the heirs give the usufruct holder access?

Answer: Yes.

The property must be made available so that the usufruct holder can exercise his legal right.

Question 7: What if the heirs refuse?

Answer:

The passage states that they may be legally compelled to deliver the property or provide access.

Question 8: What happens when the usufruct ends?

Answer:

The usufruct returns to the physical property owner.

Then:

Property + usufruct

become united again.

This creates:

Total Ownership

Question 9: Is ownership of the physical property usually temporary?

Answer: No.

It is generally perpetual and continues unless lawfully transferred or otherwise ended.

Question 10: Is usufruct usually temporary?

Answer: Yes.

It is often:

• for a fixed time,
• for a person’s lifetime,
• or subject to another limitation.

There can, however, be special exceptions such as continuing waqf benefits.

Question 11: What is the Hanafi view mentioned in the passage?

Answer:

The passage states that the Hanafi school generally does not treat usufruct as something inherited in the same way as physical property.

Therefore, a personal usufruct may end rather than automatically pass to the usufruct holder’s heirs.

23. Most Important Rule to Remember

A person may own the physical property while someone else owns its usufruct. During that period, the physical owner must respect the usufruct holder’s legal right. When the usufruct ends, the physical owner’s partial ownership normally becomes total ownership.

24. Easy Memory Formula

During the usufruct:

Heirs → Property

Beneficiary → Usufruct

=

Partial Ownership

↓

When the usufruct ends:

Heirs → Property + Usufruct

=

Total Ownership

25. One-Sentence Exam Rule

Ownership of the property alone occurs when the physical asset belongs to one person while its usufruct belongs to another; once the temporary usufruct ends, both elements normally reunite in the property owner, creating total ownership.