Movable property (manqul) as against immovable (aqar)

المَنْقُول

Manqul in the lexicon is what can be shifted from one place to another. For most jurists it is what can be moved from one place to another, whether or not its form changes, including money, goods, animals, and things measured or weighed; its counterpart is the immovable, aqar. The Malikis hold it is what can be moved while keeping its form. Its rules cover sale before taking possession, pre-emption, the guardian's sale, usurpation, endowment, and how possession is taken.

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Summary

In the lexicon manqul is what is moved from place to place. For most jurists it is any thing that can be moved from one place to another, whether or not it keeps its form, and its counterpart is the immovable (aqar). 1 2

Sale before taking possession

Jurists differ on selling a movable before taking it into possession; see the entries on invalid sale and on possession. 2

Pre-emption

Jurists differ on whether pre-emption applies to movables; see the entry on pre-emption. 2

A guardian's sale

A guardian may sell movable property under his charge if the price matches its worth or falls within the small discount people accept; the sale of immovables needs a lawful reason. 2

Usurpation and endowment

Most jurists hold that a movable may be usurped. Endowment of movables is allowed by the Shafi'is, Hanbalis and, in the accepted view, the Malikis, and by Zufar; Abu Hanifa and Abu Yusuf forbid it as a direct endowment, and Muhammad allows it where it is customary. 2 3

How possession is taken

The Malikis, Shafi'is and Hanbalis hold that movables are taken into possession by moving or transferring them. The Hanafis say by taking them in hand or by placing them at the other's disposal. 3 4

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15083
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15084
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15085
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15086
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islam.museum contributors. “Movable property (manqul) as against immovable (aqar)”. islam.museum, https://islam.museum/en/concept/manqul/. CC BY-SA 4.0. Last updated 2026-10-23.

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