Manifestation of the Rule of “Who owns you?” and Position of Ethics in Civil Law

The rule "anyone who has the power over things" is one of the legal rules that the jurists of Islam have been referring to for more than a thousand years and it is very useful in trials and even administrative authorities. It is also one of the most important and practical rules in civil and jurisprudential law because it is closely related to confession, which is one of the main reasons for proving a lawsuit. The present study examines the manifestation of this rule in legal regulations, which can be obtained by relying on my rule of thumb, as well as the role of ethics in civil law and its special importance.

According to this rule, anyone who has the power to dominate and possess an object has the right to confess to it. In civil law, ethics is considered as one of the main frameworks that speaks of the obligations, financial affairs and conditions of the validity of transactions and contracts, as well as the jurisprudential principles in the rule of ownership. Civil law is not only in line with moral goals, but in many cases seeks to elevate the level of morality, and moral roots are clearly seen in the principles and theories and laws examined.