1 Dec 2021

Karbala University discusses a master’s thesis on the mixing of funds in civil law
The Faculty of Law at the University of Karbala discussed the master’s thesis entitled “Mixing of Money in Civil Law – A Comparative Study”, submitted by the student Tabarak Ammar Mahdi.
The study aimed to show that the mixing of funds is one of the modern topics in the field of legal studies, as the studies are devoid of addressing aspects of its details, as there are mostly scattered applications that have been referred to, despite the organization of Islamic jurisprudence for many of its applications, but the legislation did not follow this direction in organizing it. The legal legislation did not refer to its definition or regulation of its provisions, nor to the conditions that should be met in order for the mixing of funds to occur, while Islamic jurisprudence organized various issues involving under this term and set many appropriate provisions for them.
The study also showed that the mixing of funds does not occur except with the presence of two funds, owned by two owners who differ from one another, and also an actual mixing occurs between the two funds, and this mixing may occur in a way that distinguishes the two funds from each other, or it may occur in a way that cannot distinguish the two funds, and in both forms the consequences Certain effects, if it is possible to distinguish the mixed funds, they must be distinguished and returned to their owner.
The study reached a number of results and recommendations, the most important of which is that the mixing of funds is based on a certain basis, which may be a legitimate basis represented in the Qur’anic verses and the honorable prophetic hadiths, as well as the general jurisprudential rules brought by Muslim jurists, or it may be a legal basis based on a legal act issued by one side. Or from two sides or a material fact, and the mixing of money may also overlap with other terms such as adhesion and enrichment for no reason, but by comparing them, we came to the difference between each of them from the other despite the presence of many similarities.

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