Share uncertainty in joint property between husband and wife and the resulting jurisprudential problems in İslamic law

This study addresses the issue of joint property between spouses with undetermined shares, a situation particularly observed in Turkey, and the problems arising from such assets. Taking into account that the majority of the population adheres to the Hanafi school of thought, the study first discusses the legal foundations related to property and ownership within the context of individual ownership. Subsequently, the types of partnerships in Islamic law are examined, and based on these, the fiqh basis of the aforementioned joint property is determined. In order to grasp the seriousness of the issue, the fundamental rights and responsibilities pertaining to property are explored. A survey was conducted with participating families to demonstrate the real-life presence of the problem. To show that the issue has far-reaching consequences, a hypothetical case was used to derive potential new problems that undetermined share ownership might cause. Finally, the study discusses the sources of the problem and proposes possible solutions.