The Doctrine of Mush’a in Islamic Law: Legal Implications and Challenges in Modern Property Transactions

Abstract

The doctrine of Mush’a, which has its roots in Islamic law, is about the transfer of undivided properties as gifts, or the requirements of understanding and ownership that are compatible with the general Islamic Jurisprudence. How does the doctrine of Mush’a affect the authenticity of gifts in property transactions, especially by Sunni and Shia interpretations? The purpose of this research is to examine the legal implications of the doctrine of Mush’a in modern property transactions and the examine judicial adaptations of this theory considering current commercial interests and property transactions. A comparative legal analysis of case law and scholarly interpretations by both Sunni and Shia perceptive have been examined to ass’s variations in the treatment of Mush’a under different circumstances. Studies show that although traditional uses of Mush’a often cancel gifts without ownership, some Islamic societies have adopted this approach to avoid commercial and urban factors. To align the concept of Mush’a with modern legal and commercial requirements, there is a need to refine Islamic principles and meet the employment needs in the purchase of existing products.