Aidil Alfin
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi, Indonesia

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The Concept of Al-Milkiyyah in Islam: A Study of Ownership Rights in the Muamalah System Yadrizal Yadrizal; Wahyu Ramadhani; Adiman Adiman; Aidil Alfin
Al-Afkar: Jurnal Pemikiran dan Pendidikan Islam Vol 2 No 1 (2026): Al-Afkar: Jurnal Pemikiran dan Pendidikan Islam
Publisher : PT. AKSARA AKADEMIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.0111/afkar.v2i1.194

Abstract

This article provides a profound and comprehensive analysis of the construction of the concept of al-milkiyyah (property rights) from an Islamic perspective, as well as its dynamic application within the contemporary muamalah system. As a solution-oriented alternative to the failures of capitalist and socialist economic systems, Islamic economics offers a highly unique concept of ownership. This philosophical-legal framework is fully grounded in the core theological principle that Allah SWT is the absolute and ultimate owner of everything in the universe, while humans merely act as trustees ( istikhlaf ) who bear a huge responsibility as caliphs on earth. (b) specifically, this study aims to radically examine the three-dimensional division of ownership, which encompasses private ownership, public ownership, and state ownership. Furthermore, this research delineates the legitimate causes of ownership ( asbab al-tamalluk ), while attempting to reconstruct Islamic law in response to the current dynamics of disruption and digitalization in the global economy. (c) Utilizing a descriptive qualitative research method based on library research, the data analysis process was carried out descriptively-analytically as well as comparatively across classical jurisprudence ( fiqh ) schools of thought and contemporary scholars' ideas. (d) The results of the study explicitly demonstrate that despite a massive shift from physical possession ( qabdh haqiqi ) toward virtual legal/digital possession ( qabdh hukmi ), the concept of al-milkiyyah proves to remain adaptive, elastic, and relevant in protecting individual private rights while simultaneously safeguarding the public interest ( hifzh al-mal ). As a final recommendation, aligning religious texts with the disruptive digital context requires a strict strengthening of the Shariah Governance Framework to minimize social inequality and economic exploitation.
Shirkah In Sharia Financial Institutions Anisa Kamila Sari; Fiska Ummyza; Aidil Alfin
Al-Afkar: Jurnal Pemikiran dan Pendidikan Islam Vol 2 No 1 (2026): Al-Afkar: Jurnal Pemikiran dan Pendidikan Islam
Publisher : PT. AKSARA AKADEMIA INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.0111/afkar.v2i1.196

Abstract

Syirkah is a condition where the rights to a business are jointly owned by two or more people. With the existence of syirkah in Islamic financial institutions, it is hoped that it can create opportunities for cooperation between two or more people for the progress of joint businesses. This article aims to examine the concept and legal basis of syirkah, the pillars and conditions of syirkah, the various types of syirkah, Syirkah Mutanaqishah and Syirkah Muntahiyah bit Tamli, the MUI-DSN Fatwa on all kinds of syirkah, how syirkah is applied in Islamic Banks and LKS, how Revenue Sharing and Profit Sharing (DSN MUI Fatwa No. 15) and how to cancel syirkah. This study uses a library study method by analyzing various scientific literature and relevant educational policies. By using a research method in the form of a library research, where data is obtained from various book sources in the form of journals, documents, and policies on the implementation of syirkah in financial institutions. The results of the study show how the concept of syirkah in Islamic financial institutions and explain the application of syirkah in Islamic Banks and LKS