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The Concept of Ownership in Islamic Perspective
GE20603 FIQH MUAMALAT Semester II Sesi 2010/2011
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Copyright Reserved 2011 Mohd Zulkifli Muhammad
Contents Definition Permitted or Prohibited Accept the Ownership The types of Ownership The types of imperfect/ incomplete ownership The characteristics of imperfect ownership- ‘haq al-intifa’ The termination of ‘haq al-intifa’’ ‘Haq Irtifaq’ The reason of complete/ perfect ownership 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
Definition= Lughah = Istilah 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
Permitted or Prohibited Accept the Ownership->divided into 3 categories: 1) Prohibited to give it or accept it as ownership totally- for public benefit- e.g.: road, bridge, city, railway, river, museum, public library & public recreational park 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
2) Prohibited to owned by itself provided that if it allowed by Shari’ah Jurisprudence- e.g.: ‘waqaf’ and ‘baitulmal’ property 3) Possible to owning 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
The types of Ownership- divided into 2 types: complete/ perfect ownership = ‘ain and benefit Incomplete/ imperfect ownership = ‘ain or benefit (haq al-intifa’)-> *haq al-intifa’=haq syakhsi and haq ‘aini (haq irtifaq) 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
The types of imperfect/ incomplete ownership Haq ‘ain Haq intifa’- 5 reason a) borrow b) rent 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
c) ‘waqaf’ d) ‘wasiyyat’ e) ‘ibahah’- allowed to use- divided into general and specific *what the differences between ownership and ‘ibahah’? 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
The characteristics of imperfect ownership- ‘haq al-intifa’ Limited with time, place and attribute Not allowed to ‘wasiyyat’- according to Hanafi 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
3) Be rightly assigned to benefit 4) Cost in maintenance 5) Deliver after used 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
The termination of ‘haq al-intifa’’ Finished the using period Damaged or malformation The death of person that used it’s benefit The death of person that give the benefit 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
‘Haq Irtifaq’ Haq syurb Haq al-majra Haq al-masil Haq al-murur Haq al-jiwar 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
The reason of complete/ perfect ownership Control over property that is ‘mubah’ Through valid contract Through ‘khalfiah’ Birth from the owns animal 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
(1) Control over property that is ‘mubah’ ‘Ihya’ al-Mawat’ Al-Istiyad Forest (ajam) and grass (al-kala’) Mineral (ma’adin) and treasure (kanz) *treasure (kanz)= ‘kanz jahiliyyah’, ‘kanz Islamiy’ & ‘kanz al-musytabah fih’ 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
(2) Through valid contract Contract of ownership Voluntary Constraint= divided into 2 i) ‘soreh’ (by law) ii) deprive ownership by constraint action a) ‘Syuf’ah’ b) for public use 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
(3) Through ‘khalfiah’ 1) substitute someone from someone else (heritage) 2) substitute something with something else (indemnity)- including diyat in criminal 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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The Concept of Ownership
(4) Birth from the owns animal “Owner for ‘asl’ also become owner for thing growing out of another or branch” 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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Copyright Reserved 2011 Mohd Zulkifli Muhammad
WALLAHU ‘ALAM 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad
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