نظام الملكية بين الشريعة الاسلامية والشرائع القديمة )دراسة مقارنة (

Abstract

The subject of this study (The ownership system in the old legislations and the Islamic legislations a comparative study ) is atry to spot the light on one of the most important civilized side in Egypt,Iraq, Greeece ,and Roman and Islam ,but to put acomplete system to the legal ownership is not easy because of the many problems in the states ,legislations which had been taken and I studied and have achieved the following:- It is not strange when we say that the Iraqi laws are the most ancient written laws in the ancient world and the most perfect ideas and laws and the old Iraqi legislators when they legislated those laws were not just on idea written on lines and on an Obelisk but it was a holy and national duty imposed by the Deities on its similarities on earth that was represented by the Kings and spread it and achieve the justice in the society and from this set (the faith)and those laws were distinguished by its ideology and legality power.- We cannot neglect the ownership in Islam to satisfy the owner, but we have to put it in the service of the Islamic society whether it is movable or a real state.- The system of accepting the convocation in the Iraqi laws through all the procedures concerning with the case and to the end of issuing the final judgement has been done in the present time not only in Iraq but also in the whole world.- There was not a resumption principle in the ancient laws, but it was but it was found in the Roman law in 300 B.C.- The Romans were affected by the Roman laws when they separated the religion from the state that the Roman law, the law of the twelfth was put by the human not the Deities.- In the Egyption law there was a principle of “from where there do you have this” in Amazies Reign , the law of taxes and impose a law on each Egyptian to show the source of his living to the governor of the state and (Solon) was affected by this law and applied it.