The College of Law at the University of Baghdad discussed a PHD thesis in the private law branch of the student Hassan Muhammad Hassan, tagged with (the gift of common money – a comparative study), on Wednesday 2/8/2023 in the model courtroom in the college.
The discussion committee consisted of Messrs., Prof. Dr. Jalil Hassan Al-Saadi, Chairman, Prof. Dr. Burke Fares Hussein, member, Prof. Dr. Haidar Falih Hassan, member, Assistant Professor Dr. Ali Mutashar Abdul Sahib, member, Assistant Professor Dr. Harith Ali Ibrahim, member, Prof. Dr. Hamid Sultan Ali, member and supervisor. .
This thesis aims to study what is the gift of common money in Islamic law and to explain its pillars, to clarify the provisions of the gift of common money issued by all or most of the partners or the partner alone, to identify the provisions of the gift of common money to most of them or to one of them in the separated part or for a share of it or all of the common money, Explanation of the scope of the gift of common money, both material and moral, and the actions of the partners in it, highlighting the compatibility between Islamic jurisprudence and civil law in matters of the gift of common money.
The thesis also included two chapters, the first dealt with the subjectivity of the gift of common money, while the second chapter dealt with the provisions of the gift of common money.
The most important recommendations reached by the study is to amend the text of Article (66) of our civil law, and replace the following text: (Financial rights are either in-kind, personal, or intellectual. What applies to the aforementioned rights in the first paragraph of this article of this law applies to the commons. Unless a text is provided in this regard), adding a third paragraph to the text of Article (609) of our Civil Code to become (609/3) and be as follows: (The provisions of the donation stipulated in Article 2 of this Article apply to the common money donation. This law unless there is a text in this regard).
