The right of ownership is one of the most important real rights through which ownership of a thing is transferred, either with the owner's consent and will such as through contracts and wills or without consent, as in cases of preemption and accession. In other words, the right of ownership does not arise or transfer unless there is a legitimate reason for acquiring ownership, as recognized by the legislator, who attributes the acquisition of ownership to it. However, can the reason leading to the acquisition of ownership be illegitimate, based on an act of usurpation, so that the guarantee of usurpation is considered a cause for ownership Some legislations and aspects of Islamic jurisprudence have taken this approach, considering the guarantee of usurpation as a means of ownership in certain cases, provided that specific conditions are met. The purpose of these conditions is to prevent the guarantee of usurpation from becoming a tool for acquiring another’s property without their consent or legal justification while ensuring legal stability in transactions.
Dalal Tavkir Murad (Mon,) studied this question.