Muhayat

Posted on 06/28/2012 by marina

MUHAYAT مهايات
A legal term used for the partition of usufruct. According to the Hidayah, vol. iv. 31:—
Partition of property is more effectual than partition of usufruct in accomplishing the employment of the use; for which reason, if one partner apply for a partition of property, and another for a partition of usufruct, the Qasi must grant the request of the former, and if a partition of usufruct should have taken place with respect to a thing capable of a partition of property (such as a house or a piece of ground), and afterwards one of the partners apply fore partition of property, the Qazi must grant a partition of property and annul the partition of usufruct.

Based on Hughes, Dictionary of Islam