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Journal : Al-Ahkam

Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman Elfia, Elfia; Meirison, Meirison; Muhammadi, Qasim
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.446 KB) | DOI: 10.21580/ahkam.2020.30.1.5273

Abstract

This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi .
Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman Elfia, Elfia; Meirison, Meirison; Muhammadi, Qasim
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.446 KB) | DOI: 10.21580/ahkam.2020.30.1.5273

Abstract

This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farā'iḍ. The final solution is to move or eliminate assets above pusaka tinggi .
Intellectual Property Rights and Monopoly in the Perspective of Islamic Jurisprudence Meirison, Meirison; Nazar, Zerly
Al-Ahkam Volume 31, Nomor 1, April 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (513.635 KB) | DOI: 10.21580/ahkam.2021.31.1.6656

Abstract

This paper aims to reveal fiqh's review of Intellectual Property Rights (IPR) and their relationship with monopolies that can harm humankind. There are two opinions in contemporary fiqh regarding IPR; first, Ahmad al-ḤujjÄ« al-KurdÄ«, which states that IPR as part of worship, should not be hidden and should not be monopolized and exploited by anyone. Second, Muṣṭafā Zarqā, Muḥammad Fatḥī al-DuraynÄ«, Muḥammad Sa'Ä«d Ramaḍān al-Būṭī who agree with the protection of IPR. Through literature study and descriptive analysis approach, this paper concludes that if intellectual property rights cause harm to society and the state, especially in the exploitation of material rights, then it has created a monopoly that is detrimental and prohibited. Every country has different policies to protect IPR when it does not harm the community and the state.Â