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Islamic Law of transaction - Usufruct means the legal right to use and benefit from property without owning the physical property itself.
For example, if Ali owns a house and rents it to Ahmad for one year, Ali owns the house, while Ahmad has the usufruct — the right to live in and benefit from the house during that year.
The difference from mere permission is that usufruct is a legal right over the benefit, while permission is only an allowance to use.
- Usufruct: “I have a legal right to this benefit.”
- Mere permission: “The owner is allowing me to use it.”
Example of usufruct
Ali leases his car to Yusuf for one week.
Yusuf has a legally established right to use the car for that week.
Car ownership → Ali
Usufruct → Yusuf
Example of mere permission
Ali tells Omar:
“You may use my car this afternoon.”
Omar can use it, but he does not necessarily own any legal interest in the car’s benefit. He is simply using it because Ali allowed him.
The easiest rule to remember is:
Usufruct = ownership or legal entitlement to the benefit.
Permission = lawful use without ownership of the benefit.
This is why a tenant usually has a stronger legal position than a guest. A tenant’s right comes from a contract such as ijarah (lease), while a guest normally uses the property only because the owner or lawful user permitted it.