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Journal : Jurnal Hukum Islam

Wakaf Uang Untuk Infrastruktur Dalam Prespektif Hukum Islam Fadhlullah Mudzakkir; Tarmidzi
Jurnal Hukum Islam Vol 16 No 2 (2018)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v16i2.1741

Abstract

This present study aims to explore cash waqf (Islamic endowment) for infrastructure in the perspective of Islamic law. Cash waqf may serve as an alternative to increase Indonesia’s economy and reduce the gap between rich and poor. It is worth mentioning to promote that one way to maximize the role of cash waqf is through infrastructure investment. A juridical and normative approach was designed in this library research. This study demonstrates that cash waqf is deemed sunnah (recommended) in relation to its maslahah (public benefits) and the Islamic law of cash waqf. Meanwhile, the Indonesian Ulema Council (MUI) issues a fatwa declaring that cash waqf is jawaz (permissible). This kind of waqf can only be distributed and used for the public interests that are allowed in sharia law, and the principal value of the cash waqf must be guaranteed for its sustainability. It implies that cash waqf may not be sold, granted, and/or inherited.
Undang-undang Hak Cipta Nomor 28 Tahun 2014 dalam Prespektif Ekonomi Hukum Ekonomi Islam Tarmidzi
Jurnal Hukum Islam Vol 15 No 2 (2017)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v15i2.1022

Abstract

This present study aims to explain what intellectual property rights in the conception of sharia law (Islamic economics) are and how the Protection of Copyright under the Law Number 28 of 2014 is in the perspective of Islamic economic law. It was a qualitative study by conducting an explorative analytical doctrinal research method in relation to the legal facts regarding the norms contained in the Law Number 28 of 2014 on the Protection of Copyright (HAKI) in the perspective of Islamic economic law. The consensus (ijma’) of fiqh Muslim scholars (ulema) asserts that the right of ownership of mind and creation towards the result of thought and its creations is a material possession. This is based on the source of the law of maslahah mursalah (common benefit) and in accordance with maqashid al-sharia (objectives of Islamic law) because the right of thought and creations of the mind associated with the nature of property (al-mal) can be transacted and inherited if the owner dies, becomes a will if it meets all the requirements of property in Islamic law, and has the same position as other halal property. Therefore, a person’s copyright/creative rights should receive the same legal protection as other rights.