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Mohd Arif , Mohd Izzat Amsyar
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Journal : International Journal of Educational Best Practices

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The Concept of Intellectual Property As Al Mal: An Islamic Perpective Approach Mohd Arif , Mohd Izzat Amsyar; Hanapi, Hisham
International Journal of Educational Best Practices Vol. 1 No. 1 (2017)
Publisher : Prodi Administrasi Pendidikan Program Pascasarjana Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31258/ijebp.1.1.102-108

Abstract

The idea of legally acknowledging and protecting the intellectual property is prevalently known in any legal system in the world, but not many people know how this idea is dealt in Islam. Islam as the religion of wholeness (syumul), deals with almost all aspects of life and aims at protecting five main objectives of syariah3 (maqasid al syariah) namely religion (al din), life (al nafs), intellect (al aqal), lineage (al nasl) as well as property (al mal). As the time goes by, people started to realize that human intelligence and creativity shall not be the object of manipulation, thus necessitated them to come up with some sort of protection for their invention by legally acknowledging it as ‘intellectual property’. This paper will try to discuss the position of intellectual property in the Islamic jurisprudence by determining its ‘maaliyyah’ (capable of being considered as property).
Wasatiyyah Values Appreciation in the Syariah Governance as Consumer Understanding Education Mechanisme towards Islamic Banking System Mohd Arif , Mohd Izzat Amsyar; Markom, Ruzian; Ismail, Mohd Arif
International Journal of Educational Best Practices Vol. 1 No. 1 (2017)
Publisher : Prodi Administrasi Pendidikan Program Pascasarjana Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31258/ijebp.1.1.109-120

Abstract

The concept and values of wasatiyyah are fundamental in Islamic banking practice as the syariah law has delineated basic muamalat principles as an operation guideline for the banking industry. So that, all kind of extreme characteristics may be prevented. The principles of wasatiyyah prohibit any element which overlooks the permitted limit namely gambling, uncertainty (gharar), usury, fraud and so on. These elements have to be avoided in life because they were clearly prohibited by Allah SWT due to their oppressive nature especially towards the unfortunate such as the poor or low-income group. This prohibition is also attached with the heavy intimidation in the hereafter. The Islamic banking system upholds the concept of wasatiyyah through the values of fairness, trust, transparency and accountability which are instilled through the syariah governance system. The appreciation of these values is proposed to be a part of the new curriculum for the financial awareness subject has been presented by the Malaysia government in the 13th Parliamentary session. It is important to educate and enhance the understanding of the public especially the young about the Islamic banking system as an alternative to avoid the prohibited conventional banking system.
Co-Authors Hanapi, Hisham Ismail, Mohd Arif Markom, Ruzian