Media of Law and Sharia
Vol. 7 No. 1 (2026)

Intellectual Property Rights and Their Inheritance: Positive Law and Islamic Law Perspectives

Fauzy, Addyn Daffa (Unknown)
Ichsan, Muchammad (Unknown)



Article Info

Publish Date
20 May 2026

Abstract

Recently, disputes regarding intellectual property rights (IPR) have frequently arisen within society. This is particularly true for IPR, which are intangible assets that hold significant economic value and are inherited after the owner's death. This study aims to examine the status of IPR as movable property and an object of inheritance based on Indonesian positive law and Islamic law. Using a normative-juridical and comparative law approach, this study analyzes seven IPR laws (the Copyright Law, the Patent Law, the Trademark and Geographical Indications Law, the Trade Secrets Act, the Industrial Design Act, the Integrated Circuit Layout-Design Act, and the Plant Variety Protection Act) as well as the Civil Code, the Compilation of Islamic Law, and fiqh doctrines on inheritance. Research findings indicate that Indonesian positive law explicitly recognizes IPR as inheritable property that can be transferred to heirs through registration (copyrights, patents, trademarks, and others). Meanwhile, Islamic law recognizes IPR as māl (property) that can be owned and inherited, provided it meets the requirements of perfect ownership and does not conflict with Sharia. The integration of these two legal systems enables Muslims in Indonesia to inherit IPR in accordance with the principles of justice and benefit.

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Journal Info

Abbrev

mlsj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of the writings published in the journal Media of law and Sharia covers all aspects of positive law, including sharia law in Indonesia: Criminal Law This scope contains regulations that determine what actions are prohibited and are included in criminal acts, as well as determine what ...