The College of Law chose Prof. Haider Hussein Al-Shammari, Chairman of the Committee for Discussing the Master’s Thesis tagged (Legal Regulation of Non-Contractual Trust: A Comparative Study of Islamic Jurisprudence), the thesis was submitted by the student “Ali Adel Hashem Khaled”.
The thesis aims to show that non-contractual trust is a distinct concept in civil law, as it overlapped – in terms of similarity and difference – with many other legal issues such as contractual trust, earning without reason and possession, but it is distinguished by its independent entity and its own provisions, which made it an important pillar in civil law, including It included concepts, provisions, and interdependence with many of its topics, whether with regard to the sources of obligation and its provisions, real rights, or other separate provisions.
The researcher reached a number of findings and recommendations, the most important of which is that Islamic jurisprudence has dealt with the non-contractual trust and its provisions have been exposed at times directly and at other times among other topics such as the contract of deposit, lease and loan, and the reasons for guarantee. Some of the jurists, especially the late ones, devoted special topics to it. Therefore, we suggest adding a chapter on non-contractual trust in the Iraqi civil law, and its location is within the first section (personal rights), the first book (commitment in general), and after the sixth chapter, which bears the title (Proof of Commitment) and its title is (Chapter VII: Commitment to non-contractual trust).
