PAPERS
"THE CONCEPT OF OWNERSHIP OF ISLAMIC
PERSPECTIVE"
A. The concept of ownership
Ownership of property is the relationship between humans and property which is
determined by syara' in the form of special treatment of the property, which allows it to be
used in general until there is a prohibition on using it. In the language of ownership means
human control over property and its personal use. As for terms, ownership is the specialization
of the right to something without other people, and yes, the right to use it from the start, unless
there is a syar'i prohibition. The prohibition of syar'i, for example insanity, intellectual
retardation (idiot), not yet old enough or mentally disabled, and so on.
Etymologically, property management comes from the Arabic al-Milk, which means
mastery of something. Terminologically, the definition of al-milk as put forward by fiqh
scholars is the specialization of a person against an object that allows him to take legal action
against that object as long as there are no syara' obstacles.
From this definition, a general understanding can be drawn that what is meant by
ownership is human control over assets that can be used to fulfill their personal interests as
long as there are no syra' rules that prohibit it.
The division of property according to whether or not it is owned is as follows:
1. Assets that cannot be owned and are the property of others. Examples such as public roads,
bridges and city parks. This property may not be owned individually because it is useful for
the benefit of the wider community and usually this public good is provided by the
government.
2. Assets that cannot be owned, except with the provisions of the Shari'a. Included in this type
of property are inheritance, wills, waqf assets, baitul mal assets and so on. This property can
be obtained if an individual belongs to a group that is entitled to receive it.
3. Assets that can be owned and entitled to others. This property is the personal property of
each person, this property may be traded because it is fully owned by the owner of the
property.
The scholars of fiqh state four ways of ownership of property in Islamic law, namely:
Through the control of property that is not owned by a person or legal entity, this property is
still free to be owned by everyone. For example, rocks in rivers that are not owned by a
person or legal entity, river sand, mines and so on.
, Through transactions carried out with other parties, such as buying and selling, grants
and waqf. Through someone's legacy, such as receiving an inheritance or will.
Obtained based on the results that have been owned so far, for example fruit from trees
planted in the garden or livestock that are born.
Ownership is generally divided into two, namely
Al-milk al-tamm (perfect property), namely the material and benefits of the property are
owned by someone, for example, if someone owns a house then he has full power over the
house and he can use it freely;
Al-milk an-naqish (imperfect property),, that's someone only controls the material property,
but the benefits are controlled by others, such as a house that is handed over to someone else
to grow up.
The peculiarity of the Islamic concept of private property lies in the fact that in Islam,
property rights depend on the morals associated with them. Islam differs from capitalism and
socialism in establishing property rights because neither of them succeeds in placing
individuals in harmony in a social mosaic.
B. Types of Ownership in Islam
Ownership is divided into 3, namely: individual ownership (private property), public
ownership (public property), and state ownership (state property).
1. Individual Ownership / Private Property
Islam is a natural religion, and the teachings contained in it are contrary to human
nature. Islam respects the human tendency to things that are beautiful and pleasing. Therefore,
every effort and effort that prohibits humans from obtaining wealth is very contrary to nature.
Likewise, any attempt to limit human wealth to a certain measure is also contrary to nature.
Islam is not prevented from getting as much wealth as possible. Humans are given the greatest
freedom in obtaining wealth. However, the Shari'a limits it in terms of how to obtain it. Shari'a
has determined the rules for obtaining wealth. Everyone has different levels of ability and
needs in meeting their needs. If humans were given the freedom of how to get it, then only a
few people would monopolize wealth, weak people would be prevented from getting it, while
greedy people would control it. .
Therefore, the ownership of an item must be determined by a certain mechanism. Meanwhile,
the prohibition against ownership of goods must be opposed, because it is contrary to human
nature. The prohibition of ownership based on its quantity must also be opposed, because it
will weaken the spirit to acquire wealth. Likewise, freedom in obtaining it will also cause
social inequality in society.
Indeed Islam is a religion of solution. Islam allows individual ownership and limits the
mechanism for obtaining it, not limiting the quantity. This method is in accordance with
human nature, it will be able to regulate human relations with the fulfillment of needs.
"THE CONCEPT OF OWNERSHIP OF ISLAMIC
PERSPECTIVE"
A. The concept of ownership
Ownership of property is the relationship between humans and property which is
determined by syara' in the form of special treatment of the property, which allows it to be
used in general until there is a prohibition on using it. In the language of ownership means
human control over property and its personal use. As for terms, ownership is the specialization
of the right to something without other people, and yes, the right to use it from the start, unless
there is a syar'i prohibition. The prohibition of syar'i, for example insanity, intellectual
retardation (idiot), not yet old enough or mentally disabled, and so on.
Etymologically, property management comes from the Arabic al-Milk, which means
mastery of something. Terminologically, the definition of al-milk as put forward by fiqh
scholars is the specialization of a person against an object that allows him to take legal action
against that object as long as there are no syara' obstacles.
From this definition, a general understanding can be drawn that what is meant by
ownership is human control over assets that can be used to fulfill their personal interests as
long as there are no syra' rules that prohibit it.
The division of property according to whether or not it is owned is as follows:
1. Assets that cannot be owned and are the property of others. Examples such as public roads,
bridges and city parks. This property may not be owned individually because it is useful for
the benefit of the wider community and usually this public good is provided by the
government.
2. Assets that cannot be owned, except with the provisions of the Shari'a. Included in this type
of property are inheritance, wills, waqf assets, baitul mal assets and so on. This property can
be obtained if an individual belongs to a group that is entitled to receive it.
3. Assets that can be owned and entitled to others. This property is the personal property of
each person, this property may be traded because it is fully owned by the owner of the
property.
The scholars of fiqh state four ways of ownership of property in Islamic law, namely:
Through the control of property that is not owned by a person or legal entity, this property is
still free to be owned by everyone. For example, rocks in rivers that are not owned by a
person or legal entity, river sand, mines and so on.
, Through transactions carried out with other parties, such as buying and selling, grants
and waqf. Through someone's legacy, such as receiving an inheritance or will.
Obtained based on the results that have been owned so far, for example fruit from trees
planted in the garden or livestock that are born.
Ownership is generally divided into two, namely
Al-milk al-tamm (perfect property), namely the material and benefits of the property are
owned by someone, for example, if someone owns a house then he has full power over the
house and he can use it freely;
Al-milk an-naqish (imperfect property),, that's someone only controls the material property,
but the benefits are controlled by others, such as a house that is handed over to someone else
to grow up.
The peculiarity of the Islamic concept of private property lies in the fact that in Islam,
property rights depend on the morals associated with them. Islam differs from capitalism and
socialism in establishing property rights because neither of them succeeds in placing
individuals in harmony in a social mosaic.
B. Types of Ownership in Islam
Ownership is divided into 3, namely: individual ownership (private property), public
ownership (public property), and state ownership (state property).
1. Individual Ownership / Private Property
Islam is a natural religion, and the teachings contained in it are contrary to human
nature. Islam respects the human tendency to things that are beautiful and pleasing. Therefore,
every effort and effort that prohibits humans from obtaining wealth is very contrary to nature.
Likewise, any attempt to limit human wealth to a certain measure is also contrary to nature.
Islam is not prevented from getting as much wealth as possible. Humans are given the greatest
freedom in obtaining wealth. However, the Shari'a limits it in terms of how to obtain it. Shari'a
has determined the rules for obtaining wealth. Everyone has different levels of ability and
needs in meeting their needs. If humans were given the freedom of how to get it, then only a
few people would monopolize wealth, weak people would be prevented from getting it, while
greedy people would control it. .
Therefore, the ownership of an item must be determined by a certain mechanism. Meanwhile,
the prohibition against ownership of goods must be opposed, because it is contrary to human
nature. The prohibition of ownership based on its quantity must also be opposed, because it
will weaken the spirit to acquire wealth. Likewise, freedom in obtaining it will also cause
social inequality in society.
Indeed Islam is a religion of solution. Islam allows individual ownership and limits the
mechanism for obtaining it, not limiting the quantity. This method is in accordance with
human nature, it will be able to regulate human relations with the fulfillment of needs.
