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All Journal Analisis: Jurnal Studi Keislaman PALASTREN JURNAL ISTINBATH JURNAL TAPIS Al-Ihkam: Jurnal Hukum dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Istinbath: Jurnal Hukum dan Ekonomi Islam Istinbath : Jurnal Hukum El-Qist : Journal of Islamic Economics and Business (JIEB) Smart: Journal of Sharia, Tradition, and Modernity Akademika : Jurnal Pemikiran Islam SETARA: Jurnal Studi Gender dan Anak Journal Research of Social Science, Economics, and Management
Mufliha Wijayati
Sekolah Tinggi Agama Islam Negeri (STAIN) Jurai Siwo Metro Lampung
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : El-Qist : Journal of Islamic Economics and Business (JIEB)

 1 
HAK KEKAYAAN INTELEKTUAL DALAM PERSPEKTIF HUKUM ISLAM: Kajian atas Qs. An-Nisa [5]: 29 Wijayati, Mufliha
el-Qist : Journal of Islamic Economics and Business (JIEB) Vol. 4 No. 2 (2014): eL-Qist:
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam UIN Sunan Ampel Surabaya

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Abstract

Intellectual Property Right (HKI) is now becoming an essential issue. It does not only discuss individual protection, but it has been a part of global economic and political matters. Based on Islamic law, HKI is a contemporary issue which is still problematic and invites a lot of debate in relation with its existence. Is HKI legally recognized in Islamic Sharia? Even though MUI (Indonesian Council of Ulama) has already answered with fatwa, it still important to track the issue of intellectual property right in in the perspective of Islamic law. The issue of HKI is deliberated through the study of amwal and bathil in Al-Qur’an (5: 9). The interpretation of both terms is linked with the theory of ownership and tasarrufil amwal in fiqh muamalah. This study shows that the schools of other than Hanafiyah state that HKI is a part of property ownership in the category of milk al-manfaah which must be respected. Everything that is detrimental to the owner of HKI is prohibited. The law enforcement related to HKI necessitates the involvement of government to manage it in a regulation protecting the HKI ownership.
HAK KEKAYAAN INTELEKTUAL DALAM PERSPEKTIF HUKUM ISLAM: Kajian atas Qs. An-Nisa [5]: 29 Wijayati, Mufliha
El-Qist: Journal of Islamic Economics and Business (JIEB) Vol. 4 No. 2 (2014): October
Publisher : Islamic Economics Department, Faculty of Islamic Economics and Business, Sunan Ampel State Islamic University, Surabaya Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/elqist.2014.4.2.822-836

Abstract

Intellectual Property Right (HKI) is now becoming an essential issue. It does not only discuss individual protection, but it has been a part of global economic and political matters. Based on Islamic law, HKI is a contemporary issue which is still problematic and invites a lot of debate in relation with its existence. Is HKI legally recognized in Islamic Sharia? Even though MUI (Indonesian Council of Ulama) has already answered with fatwa, it still important to track the issue of intellectual property right in in the perspective of Islamic law. The issue of HKI is deliberated through the study of amwal and bathil in Al-Qur’an (5: 9). The interpretation of both terms is linked with the theory of ownership and tasarrufil amwal in fiqh muamalah. This study shows that the schools of other than Hanafiyah state that HKI is a part of property ownership in the category of milk al-manfaah which must be respected. Everything that is detrimental to the owner of HKI is prohibited. The law enforcement related to HKI necessitates the involvement of government to manage it in a regulation protecting the HKI ownership.
Co-Authors Ade Yamin, Ade Aden Rosadi Asrori Asrori el-Hajjami, Aicha Elfa Murdiana Fathoni, Muhammad Nur Irwan Irwan Makatita, Ahmad Syarif Maliki, Ibnu Akbar Muassomah Muassomah Muchtar, Ibnu Hasan Mukti, Digdo Aji Naqiyah Mukhtar Nasrudin, Muhamad Nunung Rodliyah oktora, nency dela Oktora, Nency Della Sileuw, Marwan Tutik Hamidah Umdatul Hasanah, Umdatul