At-Thullab : Jurnal Mahasiswa Studi Islam
Vol. 8 No. 2 (2026): Ahwal Syakhsiyah, Pendidikan Agama Islam, Ekonomi Islam

حماية الملكية الفكرية في الفقه الإسلامي والقانون الوضعي: دراسة مقارنة على الرسوم المتحركة لستوديو جيبلي (Studio Ghibli): دراسة مقارنة على الرسوم المتحركة لستوديو جيبلي

Syafiq, Naufal (Unknown)
Imam Sujoko (Unknown)
Mualimin Mochammad Sahid (Unknown)



Article Info

Publish Date
01 May 2026

Abstract

This study aims to analyze the protection of intellectual property rights in animated works, while identifying the underlying factors that motivated the selection of this topic, particularly the increasing prevalence of digital piracy and its impact on creative industries. It also seeks to examine the extent to which Islamic jurisprudence is compatible with positive law in protecting these rights. The study adopts a qualitative research approach using a comparative framework between Islamic jurisprudence and positive law. It also employs a descriptive-analytical method to examine textual data derived from primary sources, such as classical and contemporary fiqh literature and legal regulations, as well as secondary sources including academic studies, with reference to the theory of maqāṣid al-sharīʿah as an analytical framework. The findings indicate that Islamic jurisprudence recognizes intellectual property as a form of intangible property that must be protected, and that it converges with positive law in affirming legal protection. However, practical challenges remain, particularly in the digital environment, where piracy continues to spread. This study is distinguished by its integration of juristic analysis with practical application through a case study of Studio Ghibli’s works, thereby offering a contemporary analytical model that bridges theory and practice in intellectual property issues.

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Journal Info

Abbrev

thullab

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Social Sciences

Description

At-Thullab : Jurnal Mahasiswa Studi Islam is published by the Faculty of Islamic Studies in the Islamic University of Indonesia in 2019 which is published twice a year as a journal which becomes a forum for students to improve their abilities in the fields of Islamic Law, Islamic Education and ...