ISLAMIC CIVIL LAW

THE LAW OF PROPERTY IN PERSPECTIVE:

ISLAMIC CIVIL LAW AND CIVIL LAW

SUBMITED TO

Dr. M. Khaerudin Hamsin, LLM

PREPARED BY
Mohammad Hari Adipurna (20140610049)

INTERNATIONAL PROGRAM FOR LAW AND SHARIA

FACULTY OF LAW

UNIVERSITAS MUHAMMADIYAH YOGYAKARTA

2015
 CHAPTER I

A. Introduction

Civil law is the legal rules regulating the legal relations between people with each
other, which emphasizes the interests of individual and be fully implemented by the
people concerned themselves.

The rules that govern the relationship among humans, can be found in Islamic law
and also in the civil law, such as rules about marriage, guardianship, inheritance, wills,
grant trade, hunting, cooperatives and also material. and very religious rule governs the
relationship between humans and the environment can be found among others in the
Islamic law on food, beverages, livelihood, and how to make good luck in a way that is
permitted or forbidden.1

B. Problem Formulation
1. What is the Property?
2. What is the Law of Property in perspective Islamic Civil Law?
3. What is the Law of Property in perspective Civil Law?
C. Goal
1. To know what is the Property
2. To know what is the Law of Property in perspective Islamic Civil Law
3. To know what is the Law of Property in perspective Civil Law

CHAPTER II
1
Rachmad Syafei, Fiqih Muamalah, Bandung: Cv. Pustaka Setia, 2001, vol. 13
 A. The Property

The property shows something that is usually known as an entity in connection with
the ownership of a person or group of people on an exclusive right. The main forms of
this property include real property (land), personal property, and intellectual property.
The right of ownership is associated with a property that makes for something to be "a
person belonging to" whether an individual or group, ensuring the owner of his right to
make every one of the properties in accordance with his will, whether to use it or not
use it, to transfer their ownership rights. Some philosophers assert that property rights
arising from social norms. Some others say that rights arising from morality or natural
law.

B. The Law of Property in Perspective Islamic Civil Law

Legal objects in perspective is or can be called by mualamalah al-Madiyah That

mu'amalah that examines the object so that some scholars have argued that al-Madiyah
mu'amalah is mu'amalah is immaterial because the object is an object that fiqh
mu'amalah halal, haram, and doubtful to be traded.

Al Tenets al-Madiyah is al-Fikri is the rules in terms of its object. In other words, al-
muamalah al-Madiyah provides guidance to people about the objects worthy or not to
be held and carried out legal action over it. Therefore, buying and selling items for
Muslims not simply to make a profit as much as possible, but vertically aims to gain the
pleasure of Allah and horizontally aims to make a profit, so things are bought and sold
will be constantly referred to the rules of Allah. Thus, from this perspective, in view of
fiqh muamalah not all objects (property) be owned or controlled, though perhaps they
will have a use value for humans.2

C. The Law of Property in Perspective Civil Law

2
Sholikhul Hadi, Fiqh Muamalah, Nora Media Enterprise, Kudus, 2011, vol. 4
 What is meant by objects in the context of civil law is anything that can be given /
placed Rights thereon, primarily in the form of property rights. Thus, you can have
something that is subject of law rights, while the rights granted something that is the
object of Law.3

Objects in the civil law regulated in Book II of the Civil Code .The regulation of the
legal matter in Book II of the Civil Code use a closed system, meaning that people are
not allowed to hold a material other than from other rights have been arranged on this.
Other law, the law is coercive objects (dwingend recht), meaning that must be obeyed,
not to be crises, including creating new regulations that deviate from wherewith set.

Further in civil law, whose name it is not anything tangible or intangible by the
senses alone, but includes also the notion that intangible things, such as wealth. The
term is used to sense objects of wealth, including billing / accounts receivable, or the
rights of others, such as interest on deposits.

Also the juridical sense objects according to article 499 of the Civil Code is
everything that can be owned or be the object of property rights. Therefore, the intended
object by law is just something that can be owned or can possess people. Then
everything that cannot be owned by people not included in the definition of objects,
such as the sun, moon, stars and others.4

Although the notions zaak in the Civil Code includes not only tangible objects, but
most of the material in Book II of objects arranged on tangible objects. Understanding
objects as intangible it is not recognized in customary law we, as a way of thinking
Indonesian people tend in fact mere (concret denken), in contrast to the way of thinking
of Westerners who tend to be highlighting all that is in the mind's eye (abstract
denken).5 In addition, the term zaak in the Civil Code does not always mean it, but it
could mean that others, such as: "legal actions" of Article 1792 of the Civil Code, or

3
Soebekti, Pokok-pokok hukum perdata, Jakarta, internusa, 2001, vol. 60
4
Titik Triwulan Tutik, hukum perdata dalam sistem hukum nasional , Jakarta: kencana, 2010, vol. 143
5
Wirjdono Prodjodikoro in Riduan Syahrani, Seluk beluk dan Asas-asas hukum perdata, Bandung:
Alumni, 1981, vol. 108
"interests" of Article1354 of Civil Code, and also means "legal reality" of Article 1263
Civil Code.

CHAPTER III

A. Conclusion
 Sense objects in a different law with common sense in physics, because in a legal
sense, the object is something that can be granted thereon.

Whereas in Islam the law of matter can be referred to as jurisprudence

muamalah al-Madiyah. And also there some restrictions on the objects viewed from
nature / character, such as tangible objects / intangible objects discharged / not divisible,
objects moving / not moving, objects discharged / not used up, objects that have been /
will be and etc.

Rights materialism is absolute, lasts longer, is closed, the older the higher
position / precedence, following which the object it is attached to the right.

Definition of objects in a broad sense and narrow. In a broad sense objects can
be defined as' anything that can be the object of law "or can be owned" by "person"
under the law and has economic value. Meanwhile, when interpreted in a narrow sense,
the definition of the object here is limited to "tangible things", i.e goods that can be
captured by the five senses. That law or the law of object is a set of legal provisions
regulating legal relations directly between a people with an object, which spawned a
variety of material rights.

REFERENSE

Rachmad Syafei, Fiqih Muamalah, Bandung: Cv. Pustaka Setia, 2001.

Sholikhul Hadi, Fiqh Muamalah, Nora Media Enterprise, Kudus, 2011.

Soebekti, Pokok-pokok hukum perdata, Jakarta, internusa, 2001.

Titik Triwulan Tutik, hukum perdata dalam sistem hukum nasional , Jakarta: kencana,
2010.

Wirjdono Prodjodikoro in Riduan Syahrani, Seluk beluk dan Asas-asas hukum perdata,
Bandung: Alumni, 1981.