Acquisition is a pillar of Zakat and Zakat is not valid unless it is possessed by
the poor (deservers of Zakat) and it is not valid or permissible or giving up and
other forms of ownership.
The four Islamic fiqh schools agreed on the obligatory of
acquisition so they
said charity must not be given to mosques and cemeteries and others because of
shortage of acquisition
And Zakat is considered more important resource for Charity So does it have
a legal acquisition because it is recognised legal constitution and, if that is true can
it manage zakat money absolutely? in other words can the charity build or repair
buildings or buy furniture like tables and chairs.
Generally the research shows the limits of the managements of charities with
Zakat money with existence of acquisition provision and this shows the vulnerability
to this condition.
Intended to jurisdiction court the authority to decide the case before it, i.e knowledge
of the judicial body qualified to look at the conflicts in all their court, and the laws of
jurisdiction are those laws that determine the state of the various
courts, and during the
consideration of possession claims it raised Confusion about what is the competent court to
consider possession claims , it would be the jurisdiction of the Judge sitting in chambers to
deal with matters of special urgency. In our research we came to the conclusion that in the
absence of explicit text in Syrian law, It will be the judge of urgent matters to consider the
cessation of new business cases and some cases of lawsuits to recover possession so as to
achieve the element of urgency, And eliminate the jurisdiction of the subject to consider
action for disturbance of possession, But quickly to ensure the rights of litigants.
possession
الحيازة
وقف الأعمال الجديدة
استرداد الحيازة
منع التعرض
قاضي الأمور المستعجلة
دعوى أصل الحق
قاضي الموضوع
the cessation of new business cases
recover possession
action for disturbance of possession
the Judge sitting in chambers to deal with matters of special urgency
action of real property
Trial judge
المزيد..
in our research we came to the
conclusion that the targeted protection of criminal possession is
actual possession and possession of the intended protection criminal
either by the prosecuting magistrate or the criminal judiciary is not
the posses
sion concept in the law civil and protected by three claims
of possession, and that the prosecuting magistrate's position is to
follow-up.