A Research on the Nature, Impacts, and Functions of Mahāyāt from the Viewpoint of Islamic Sects’ Jurisprudence and the Statutory Law

Document Type : Research Article

Authors

• Muḥammad ‘Alī Khursandiyān
• Maryam Naṣr Isfahānī

10.22067/fiqh.v0i0.12915

Abstract

Division of profits from common properties, known in Islamic jurisprudence as mahāyāt, is a suitable solution for preventing the loss resulting from commonage and can allow for the possibility of equitable vindication of the property and prevention of its idleness and is a wise procedure for sustaining the partnership. Nevertheless, the civil law and the other Iranian laws have not dealt with the issue of dividing profits. This research is intended to examine different dimensions of this institution and to present some solutions for some of the ambiguities.
This article will provide an answer to the question as to, from the viewpoint of Islamic schools’ law, how far and in what conditions this type of division would be possible and what its nature and impacts
would be like.
In the first part of the article, a definition of mahāyāt and its elements is presented; then, different trends brought up in determining the nature of this institution are recounted and various types of mahāyāt are touched upon; and in the final part, the impacts of this division is explained.

Keywords

• mahāyāt (division of profits)
• mahābāt (reciprocal gifting)
• munāwiba (mutual turn-taking)
• tahāyu’ (mutual compromise)
• partition of common property
• joint property

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