Land Acquisition in the Job Creation Law in the Perspective of Islamic Ownership Theory (an Analysis with the Concept of Istimlak  and Milk al-daulah)

Mirzal, Husnul; Putra, Muhammad Wicaksono Hasdyani; Rasyida, Shally Nur

doi:10.21111/ijtihad.v15i1.5609

Cited by 3 publications

(3 citation statements)

References 1 publication

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“…Everything owned by humans is not intrinsic ownership because, in the Islamic concept, only Allah SWT has everything in this world (Mirzal et al, 2021). It shows that property rights are closely related to the principle that humans are the holders of the trust of Allah SWT.…”

Section: B Justice (Al-'adl)mentioning

confidence: 99%

Afzalur Rahman's Thinking Contribution To The Islamic Economy From Epistemological Aspects To The Concept of Wages In Islam

Aravik

Febrianti²,

Hamzani

et al. 2022

ISBANK

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This article describes the contribution of Afzalur Rahman`s thought to Islamic economics from the epistemological aspect to the concept of wages in Islam. This article is a type of library research, with the data presented being qualitative data. Data were collected from primary and secondary sources and analyzed with a qualitative descriptive method. This study's results show that Afzalur Rahman is one of the well-known Muslim economists who is very productive in producing works. Afzalur Rahman's real contribution to economics can be seen in various Islamic economic theories that were developed from the results of numerous analyzes, such as the foundation of Islamic economics built on monotheism, justice, leadership, brotherhood, work, productivity, ownership, freedom, and responsibility, social security, and prophecy. On the concept of wages, Rahman agrees that wages must be determined through negotiations between workers, employers, and the state, to provide justice for various parties.

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Section: B Justice (Al-'adl)mentioning

confidence: 99%

Afzalur Rahman's Thinking Contribution To The Islamic Economy From Epistemological Aspects To The Concept of Wages In Islam

Aravik

Febrianti²,

Hamzani

et al. 2022

ISBANK

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show abstract

“…For example, a person who owns the land. Bentham argues that property is a basis of hope to obtain certain benefits from the things we are said to have as a result of the relationship in which we stand to them (Mirzal et al, 2021).…”

Section: Land Ownership Theorymentioning

confidence: 99%

A Legal Certainty of Dual Citizenship for Possession of Land

Vista

2022

IJSOC

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This research is to analyze and examine the legal certainty of children holding dual citizenship (bipatride) from mixed marriages to have property rights on land in Indonesia, as well as future arrangements to be able to provide equality for children holding dual citizenship to have property rights to land like other Indonesian citizens. The type of research used is normative juridical research, which means studying and analyzing formal legal rules, namely laws. Following the objectives to be achieved, this thesis research uses three approaches: the statutory approach, the conceptual approach, the historical approach, and the comparative approach. After the legal materials are collected, the legal issues are analyzed based on the collected legal materials. Based on the results of a review of existing legal materials, it is concluded that the legal certainty of dual citizenship holders (bipatride) owned by children from mixed marriages to have property rights on land is given similarities with foreigners as stipulated in Article 21 paragraph (4) of the UUPA which does not allow Indonesian citizens have dual citizenship (bipatride) to have property rights over land in Indonesia. Ownership rights are hereditary, strongest, and most complete rights that can be owned by people on land, keeping in mind the provisions in Article 6 of the UUPA can only be owned by Indonesian citizens who do not hold other citizenships such as dual citizenship owned by children from mixed marriages. Children holding dual citizenship (bipatride) can have ownership rights to land based on inheritance and only a time limit of 1 (one) year for them to be released to other people as stipulated in Article 21 paragraph (3) of the UUPA, which has been equated with provisions for foreigners.

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“…50 All the nature is interconnected under the God blueprint, humans as trustees (khalifah) have no right except to use (tasharruf), to protect, and forbidden to act unfairly toward anything Wadud, 2013. Available online at https://e-journal.iainpekalongan.ac.id/index.php/jhi/index created on this planet exploitation of natural resources, altering the life order of living things, and etc. 51 Moreover, the distribution of the land and land regulation should promote the concept of maqasid al-syari'ah or maqasid al-tasyri'. Land law construction means an effort to attract benefit (jalb al-amshalih) and avoid damage (daf'ul mafasid), 52 mostly depart from the fairness distribution, solidarity (takaf al-ijtima'), and managing by the mutual interest (haqq Allah wa haqq al-adamiy).…”

Section: Islamic View and Recommendationmentioning

confidence: 99%

Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity

Anang

Noorhidayah

2022

JHI

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This research departs from concerns about an environmental crisis that encompasses deforestation, land-use change, habitat loss, land grabbing, water contamination, and soil degradation that we have faced. Meanwhile, the urgency of an Islamic response to fight those conditions should be more than simple actions like a religious lecture, Friday sermon, or green fatwa for around 1.9 billion Muslim communities around the world. Therefore, this study aims to critically analyze the Sharia contribution today to improve environmental protection by re-Islamization of forest and land law in modern ways, ultimately, to prevent the development and utilization of land and forest resources from continuing to fall into the vicious circle of the past. As an Islamic environmental law research, this study used a multidisciplinary approach, including historical approach, empirical approach, and conceptual approach; it also used a literature review method to synthesize research findings. This paper found that re-Islamized forests and land law could be an ongoing debate due to the differences of national and local legal characteristics that also depend on sharia position if it is an unequivocal discourse. Moreover, accommodating Sharia as an integral part of the state law shown a uniqueness and the flexibilities of Islamic doctrine and an affirmation of Muslim optimism to their faith of course a real contribution to involve in ecological right movement. On the other hand, considering the re-Islamization of forests and land law is an alternative source to enforce the ecological behaviours of the Muslim community to more pro-environment.

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Land Acquisition in the Job Creation Law in the Perspective of Islamic Ownership Theory (an Analysis with the Concept of Istimlak and Milk al-daulah)

Cited by 3 publications

References 1 publication

Afzalur Rahman's Thinking Contribution To The Islamic Economy From Epistemological Aspects To The Concept of Wages In Islam

Afzalur Rahman's Thinking Contribution To The Islamic Economy From Epistemological Aspects To The Concept of Wages In Islam

A Legal Certainty of Dual Citizenship for Possession of Land

Re-Islamization of Land Law in Global Context: An Approach to Fight Ecological Scarcity

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