Possession (Qabd) — practice questions

Correct answer: B. Clauses 2 and 3/1: Possession is defined as the gathering of a thing, or what takes its rule, according to the requirements of customary practice. The basis for determining the mode of possession is custom (’Urf), which is why possession differs according to the nature of things and people’s practices regarding them. The Standard therefore recognises both actual possession (Clauses 3/2 and 3/3) and constructive possession (Clauses 3/3 to 3/5) rather than requiring physical transfer in every case.

Correct answer: D. Clause 3/2: Actual possession of immovable property is realised through relinquishment and enabling the acquirer to transact in it. Payment of the price is irrelevant to possession, and physical occupation is not required. Registration is addressed separately in Clause 3/4 as constructive possession for the mortgage of immovables. Shari’ah Standard No. (8), Clause 3/2/3, similarly treats vacating real property and placing it at the acquirer’s disposal as conveying possession.

Correct answer: A. Clause 3/3: Actual possession of movables occurs through physical delivery. Constructive possession, both of ascertained movables and of those established as a liability by description, takes place after their ascertainment by a recognised method, by releasing the thing to the person entitled so that he can take delivery without any obstacle, even if no transportation has taken place. This applies whether or not delivery customarily involves measurement by volume, weight or length, and even in sales by estimate.