KONTRADIKSI DALAM ISTI’MALUL HAQ (TA’ASUF), PERSPEKTIF HUKUM ISLAM

Mukharram, M. Tamyiz

Al-Mawarid Jurnal Hukum Islam
Vol 9 (2003): Hak Kekayaan Intelektual

Islam guarantees and protects individual rights. The guarantees and protects are regarded
as an important part to obtain the basic objectives of Syari’a. The freedom to use the rights.
However, is not unlimited. Islam maintains limitations to avoid contradiction occures
between the implementation of individual rights and other’s. The abuse of rights, in fiqh
sense, called ta’asuf. Ta’asuw may accures in politic, economic, social, cultural fields, and
particulary in patent right.
This articles attempts to elaborate Islamic law point of view on the contradiction my
occures in patent right and some abstracles that Islamic law experts have to find out the
solution.