Islamic Approach to Protecting Property “Gleaning and its Modern Applications as a Model”

Abstract

Islam recognizes the ownership system, for Allah is the true and ultimate owner of property, which He grants to whomever He wishes, and whoever Allah gives property, none shall remove ownership of it except Allah Almighty.

Actually, public finance in Islam entails a moral dimension, which is strictly safeguarded, for it aims alongside the soundness of the financial systems to promote moral virtues, for everlasting civilizations are grounded in capital and morality. Actually, Islam has, since the inception of the Islamic state, prescribed various kinds of contracts, and enacted diverse systems to develop capital, while prescribing deterrent punishments some of which are physical and financial to protect it. Islam’s orientation in achieving all of this is to abide by the fundamentals, and categorical precepts, whereby it is impermissible to violate or contravene them, and it also created a wide circle for independent interpretation related to capital and wealth, to achieve the public interest under the rubric of the aims of the Shari`ah, and its overall foundations, whereby it does not impose stifling limitations, or inert rules, or sterile methods.[1]The Muslim jurists have concurred on the necessity of defining gleaning (Al-Luqata r.) but they differed on the period of announcement(al-Ta`rif ar.) according to the value and importance of the gleaning; whereby if the gleaning is considerable wealth, the majority of the Fuqaha are of the position that it is announced for a period of one year and the Hanafis have delved in detail regarding this matter. And if the glean is of tiny value, this has given rise to difference between them, where it is not announced for a year, but rather is announced as an amount which most probably the one who lost it does not claim it, while the Hanbali jurists hold the position regarding it as being the same as the amount of a considerable value, which is announced for a complete period of one yearwhich is the position that I favor and consider more plausible.And it is permissible for the indigent gleaner to benefit from the glean. However, if he is wealthy then he may give it in charity where the reward (i.e. Divine recompense) is for its owner, and he may give it in charity to any poor person, even if a relative.

Keywords: Glean, Property, Benefit, Capital, Poor Person

[1]Awhab, Nadhir Bin Muhammad Al-Tayyeb, Protection of Public Property in Islamic, Jurisprudence, Nayef Arab Academy for Security Sciences, Center of Studies and Research, Riyadh, 2001 A.D., p.5.