حق انتفاع کی معاصر صورتوں کا تحقیقی مطالعہ

A Research Study of Contemporary Forms of the Right of Usufruct (Haqq-e-Intifa)

Abstract

This research study provides a critical and analytical examination of the contemporary forms of the Right of Usufruct (Haqq-e-Intifa) in Islamic jurisprudence. Usufruct refers to the right to derive benefit or utility from an asset without owning its substance. Islamic law (Sharī‘ah) recognizes both lawful and unlawful means of benefiting from owned or non-owned property. Lawful causes of usufruct include Ijarah (leasing), where one acquires benefit in exchange for rent; ‘Ariyah (lending), which involves gratuitous transfer of benefit; Waqf (endowment), where the ownership of the asset is transferred to Allah and its benefits are used for charitable purposes; and Ibahah (permissibility), which allows usage without ownership. Conversely, unlawful causes of usufruct include Luqtah (lost property without proper declaration), Amanah (breach of trust), Rahn (misuse of pawned property), Sariqah (theft), and Ghasb (usurpation). In the contemporary era, numerous new forms of usufruct have emerged due to economic developments, financial innovations, and modern contractual relationships. These include various leasing agreements, usufruct in Islamic banking products, time-sharing properties, intellectual property rights, and beneficiary rights in sukuk certificates. This study investigates these modern forms from the perspective of Islamic law, distinguishing between permissible and prohibited practices. The research adopts an analytical and deductive methodology based on classical Fiqh sources and contemporary juristic opinions. The findings aim to provide practical guidance for Muslims in their financial and daily transactions, enabling them to avoid what is unlawful while benefiting lawfully from the rights of usufruct in modern contexts.