حكم هبة الحصة الشائعة و رهنها في الفقه الاسلامي و القانون المدني الاردني

This research addresses the topic of undivided commonality of ownership by individuals under Islamic Fiqh, whether through a gift or through collateral payment, and compares this to Jordanian civil legislation. The research is comprised of three sections and a conclusion. The study begins by comparing Islamic fiqh to Jordanian civil law concerning the definition of undivided commonality, gift giving, and the legality thereof. The research cites the opinion of the ulama’ (Muslim scholars) concerning gift giving and the portion of commonality to that of Jordanian civil legislators. It follows with a discussion comparing the two perspectives and concludes with the outcomes of the study.