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Classification of Property

This Code does not define property or amwal (plural of mal). However, it divides mal (things that are subject of property) into two categories of manghoul (moveable) and gheir manghoul (non-removable).

This classi­fication is almost the same as the classification of personal property (chattel) and real property (land) under common law systems.

Article 13 of the Civil Code classifies land, buildings and fixtures as gheir manghoul (non-removable) or real property, whereas Articles 19-22 outline certain types of property as manghoul (moveable) or chattel. A chose in action, such as debt, is defined as moveable property or chattel. Trees, fruits, and crops, as long as they are attached to the land, are considered as part of the land (Articles 15-16). Mirrors, curtains, statues, and tapestries, if they are attached to the land and would cause damage to the land if they were removed, are also considered to be part of the land.[618] Similar to common law systems, leases are considered as personal property, whereas easements are considered real property interests (Article 18).

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Source: Hosen Nadirsyah (ed.). Research Handbook on Islamic Law and Society. Edward Elgar Publishing,2018. — 474 p.. 2018
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