Chapter 3(a) - Private Property (Maal) (2)

Mentioned 83 times in the Qur'an and numerous hadith
Ranked among the five essential values protected by Shari'ah
Not explicitly defined in the Qur'an and Sunnah, relying on custom and common usage
Modern definitions include intellectual properties, patents, copyrights, franchises, confidential information, and trade secrets
Concept of property continuously expanding to include new forms of wealth
Permanent criterion: prohibited things are not included in the definition of property (mal)

Lingual meaning of the Arabic word mal: All things that can be acquired, possessed, and owned by individuals
Individual ownership is established only when a thing is acquired and possessed
Examples of non-property: free air, heat from the sun, birds in the sky, fish in rivers, undiscovered minerals
Not considered property until possessed or secured
Abstract phenomena: spirituality, knowledge, health, honor, intelligence are not properties as they cannot be possessed
Status of property includes beneficial use in accordance with customs
Non-properties include carrion, rotten, or poisonous food
Items of inconsequential value such as a drop of water or a single seed of rice are not considered property
Some items considered property to non-Muslims (e.g., wine, pig) but not to Muslims due to prohibitions

Defined as a thing that can be possessed and customarily used by people
Also defined as a thing desired by human nature, can be stored and used when needed
The Mejelle states: "Mal is a thing which naturally is desired by man, and can be stored for times of necessity…" (includes movable and immovable property)
Meaning confined to valuable things individuals can possess and store for later use

Valuable (mutaqawwim) properties: All permissible and possessed things
Non-valuable properties:
- Prohibited items by Shari'ah (e.g., pork, wine)
- Things