Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

108 страница из 560

The first point which seems to require his attention is the meaning of the word “property” as it occurs in the definition of sale. The original term (māl), which has been thus translated, is defined by Muḥammadan lawyers to be “that which can be taken possession of and secured.” This definition seems to imply that it is tangible or corporeal, and things or substances are accordingly the proper subjects of sale. Mere rights are not māl, and cannot therefore be lawfully sold apart from the corporeal things with which they may happen to be connected. Of such rights one of the most important is the right of a creditor to exact payment of a debt, which is not a proper subject of sale. In other words, debts cannot, by the Muḥammadan law, any more than by the common laws of England and Scotland, be lawfully sold.

Things are commonly divided into moveable and immoveable, the latter comprehending land and things permanently attached to it. But the distinction is not of much importance in the Muḥammadan law, as the transfer of land is in nowise distinguished from that of other kinds of property.