scholarly journals Hak Pemanfaatan Sumber Daya Alam Perspektif ‎Hukum Islam

2016 ◽  
Vol 2 (2) ◽  
pp. 440-471
Author(s):  
Mugiyati Mugiyati
Keyword(s):  
Natural Resources ◽  
General Public ◽  
Islamic Law ◽  
The Public ◽  
Public Property ◽  
Common Ownership ◽  
Rights And Interests ◽  
The Right

Abstract: Islam gives freedom to people to utilize the public natural resources, because everyone has the irtifâq right namely to use immovable good, whether it belongs to an individual or public property. Common ownership is allowed in Islamic law if an object which is intended and used for the public. The principle of freedom granted by Islam for the right holders to use is not without limit, but constrained by accountability and adherence to sharia. The right holders in using theirs’ is to be in line with the principle of maqâshid al-syarî’ah. On the basis of this principle, they are prohibited to use their rights in excess which lead to infringement and damages to the interests of the others as well as the rights and interests of the general public. Of course, this can be jailed (ta’zîr) by the judge.Keywords: Right holder, natural resources, Islamic law. Abstrak: Islam memberikan kebebasan kepada manusia untuk memanfaatkan sumber daya alam yang bersifat publik, karena setiap orang memiliki hak irtifâq yaitu hak pemanfaatan benda tidak bergerak, baik benda itu milik individu atau milik umum”. Kepemilikan umum dimungkinkan dalam hukum Islam jika suatu benda pemanfaatannya diperuntukan bagi masyarakat umum yang mana masing-masing saling membutuhkan. Prinsip kebebasan yang diberikan Islam bagi pemilik hak untuk mempergunakan haknya bukanlah bebas tanpa batas, namun dibatasi oleh pertanggungjawaban dan kepatuhan pada syariah. Pemegang hak dalam menggunakan haknya harus sejalan dengan maqâshid al-syarî’ah. Atas dasar prinsip ini pemilik hak dilarang mempergunakan haknya secara berlebihan yang menimbulkan pelanggaran hak dan kerugian terhadap kepentingan orang lain maupun terhadap hak dan kepentingan masyarakat umum dan dapat dikenai hukuman penjara (ta’zîr) oleh hakim.Kata Kunci: Hak pemanfaatan, sumber daya alam, hukum Islam.

scholarly journals TOWARDS A TAXONOMY FOR PUBLIC AND COMMON PROPERTY

2019 ◽  
Vol 78 (1) ◽  
pp. 124-147 ◽  
Author(s):  
Christopher Rodgers
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Environmental Governance ◽  
Common Property ◽  
Private Property ◽  
Effective Protection ◽  
The Public ◽  
Property Interest ◽  
Public Property ◽  
New Strategies

AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property rights subsisting over the same land simultaneously, in different combinations and at different times. The categorisation of property interests in land (as private, common or public) may also shift and change from time to time. The article considers the importance of distinguishing between private, common and public property interests for developing new strategies for environmental governance, and for implementing the effective protection of natural resources.

Constitutional basis for public property in the context of the creation of a legal entity of public law

2020 ◽  
Vol 29 (5) ◽  
pp. 134-149
Author(s):  
Vladimir Nizov
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Historical Analysis ◽  
Public Law ◽  
The State ◽  
The Public ◽  
Public Property ◽  
The Russian Federation ◽  
The Difference ◽  
The Right

The article discusses problems of the constitutional regulation of property rights and property itself. The research has been narrowed down to the features of public property regulation in the Russian Federation. The relevance of the research is explained by the process of the reform in the public property administration in Russian Federation, which has transferring of the state property to some legal entities of public law as distinguished feature. The author proposes the historical analysis of the property regulation’s development and the role of the Constitution in this process. The comparative instruments are used to show the main preconditions and trends of public property regulation in Russia and other countries. The author argues the Russian Federation is going on the process of the property regulation construction and the modern stage sees the Constitution as a main axiological filter for that. Meanwhile, the Russian legal system has several obstacles in this way: the limitation of the direct force of the Constitution, the spoiled separation of power, etc. The importance of the system of the check and balances in the property administration is noted. Thus, the research explains the differences between the system of the separation of power in the United Kingdom, Ukraine, and Russia. The author discloses the distinguishing features of the public property the state needs to account in the process of the property transition to public law entities. The critic overview of detailed property regulation in the Constitution’s text is expressed. The author notes constitutional provisions that regulate property issues are features of the post-socialist states. The difference between property rights and sovereign rights is also enclosed in the article. The justification of the right to administrate public property is provided, the research explains the importance of the justification in public property administration and its role in democratic societies, especially in the Russian Federation. The privatization and decentralization of the public property administration are needed to be explained the effectiveness and stability of these decisions. Additionally, the author argues that public property must have more concrete regulation because it needs more complex rules for just and effective administration. The conclusion of the article explains the linkage between the constitutional ideal and the development of public property regulation.

A Study on Social Awareness about Deforestation in India

2021 ◽  
pp. 1-4
Author(s):  
S. Nivithra ◽  
K.S. Shoba Jasmin
Keyword(s):  
Carbon Dioxide ◽  
Natural Resources ◽  
Human Activities ◽  
General Public ◽  
Large Scale ◽  
Anthropogenic Activities ◽  
Forest Resources ◽  
Social Awareness ◽  
The Public ◽  
The Impact

Forests keep our climate stable, absorbing carbon dioxide and releasing oxygen, and they regulate our water supply and improve its quality. Forests are vulnerable to anthropogenic activities which affect the biodiversity with adverse socio-economic and environmental impacts. Large-scale destruction of the forests began with the British who wished to utilise the timber and the natural resources for the expansion and continuation of the empire. Over recent decades, human activity has also severely impacted the habitats and natural resources that wildlife and humanity depend on such as oceans, forests, coral reefs, wetlands and mangroves. This study attempted to analyse the level of awareness among the general public about deforestation in India. The impact of deforestation is poorly understood and the rate of deforestation is alarming the environmentalists wishing to protect the wildlife and forest resources. The causes and impacts of deforestation are associated with human activities but the linkage is not clearly understood by the public and the level of awareness is poor.

scholarly journals RECONSTRUCTION OF MARRIAGE ZONATION IN ISLAMIC LAW PERSPECTIVE

2019 ◽  
Vol 27 (2) ◽  
pp. 161
Author(s):  
Syariful Alam
Keyword(s):  
Education System ◽  
Islamic Law ◽  
The Public ◽  
Internal Conflicts ◽  
New Students ◽  
The Right

Zoning, a limitation system that is so widely discussed today, focuses initially on the education system in Indonesia, namely on the problem of admission of new students which began in 2017. One of these policy settings is for children to be educated in areas close to residence. This system is often connected by the public with the search for a partner to get married. Based on normative Islamic law research, marriage in Islam does not provide specific restrictions regarding this zoning in finding a partner. However, this zoning can be implicit in the recommendations of marriage in Islam. Bringing up conflict that has become a topic of discussion in many media and communities, which in the end, can create a solution for couples who find it difficult to find a life partner as well as presenting internal conflicts that pertain to the realm of privacy, intersect with the right of humans to freely choose from and where their partners. Regardless of a marriage that leads to the coercion of one partner or coincidence of finding the right partner according to the zoning where the couple lives.

scholarly journals REVISITING THE CONCEPT OF LEGAL GUARANTEE IN ISLAMIC LAW FOR STRUCTURING ISLAMIC FINANCIAL PRODUCTS

2019 ◽  
Vol 7 (2) ◽  
pp. 396-406
Author(s):  
Chaibou Issoufou ◽  
Naziruddin Abdullah
Keyword(s):  
Qualitative Research ◽  
Public Interest ◽  
Research Methodology ◽  
Islamic Law ◽  
Physical Punishment ◽  
Legal Analysis ◽  
The Public ◽  
Financial Products ◽  
Qualitative Research Methodology ◽  
The Right

Purpose of Study: In the modern Islamic financial products and services, legal guarantee is becoming increasing important in the structuring of products, particularly those used in the investments. As a result of the increasing importance of the concept of guarantee, this paper specifically revisits the conceptual analyses of legal guarantee in Islamic law with a view to providing the basis for the use of this concept in structuring relevant Shari‘ah-compliant products. Methodology: The study adopts a comparative legal analysis of the views of classical Muslim jurists. The researchers examine the principles relating to guarantee, such as the meaning of guarantee, its authority, its pillars and conditions. Other principles include modes of guarantee and its objective.  The paper also examines the principles and terms of guarantee necessitates an assessment of the effect of the guarantee contract on the contracting parties, particularly whether the guarantor has the right of recourse to the guaranteed person for a refund. The researchers adopt qualitative research methodology to analyse and examine the data. Results: It was found that although guarantee is permissible in Islamic law, it is not absolute. In fact, to make it more Islamically acceptable or Shari’ah compliant there are other terms and conditions that the contract has to fulfil especially by the guarantor, guaranteed person as well as guaranteed asset. Results: Legal Guarantee is permissible in Islamic law to prevent harm that may happen to the traders and investors, and protect the public interest.  Classical and contemporary Muslim scholars’ views are that guarantee is not limited to guarantee for debt, but extended to the guarantee for other commercial transactions like guarantee of future liability and physical punishment.  Guarantee has its own pillars and conditions, which should be met in order for a guarantee contract to be a valid one. The researchers suggest to conduct empirical research in order to have a clear picture on the concept of legal guarantee for structuring Islamic financial products.

scholarly journals The International Dark-Sky Association, Inc.

1991 ◽  
Vol 112 ◽  
pp. 110-110
Author(s):  
Tim B. Hunter ◽  
David L. Crawford ◽  
Libby Howell ◽  
Daniel G. Knauss
Keyword(s):  
Natural Resources ◽  
General Public ◽  
Light Pollution ◽  
Non Profit ◽  
The Public ◽  
Tax Exempt

ABSTRACTThe International Dark-Sky Association, Inc. (or IDA, Inc.) is a new tax-exempt, non-profit corporation formed to serve the public and the amateur and professional astronomer communities by providing information, education, and research on light pollution and related topics. IDA will share knowledge of the issue on a local, national, and international basis and will assist with members’ problems. It was organized for the purpose of preserving dark skies for astronomy and for the general public. Solutions to the problem of light pollution will, at the same time, also promote maximum effectiveness for all outdoor lighting and will conserve natural resources.

scholarly journals Maqasid Shariah in the Guidelines for Iddah of Women upon Husband’s Death

2020 ◽  
Vol 6 (1) ◽  
pp. 77-94
Author(s):  
Fatimah Salleh ◽  
Noorul Huda Sahari ◽  
Siti Khadijah Ab Manan ◽  
Che Zahrah Abdullah ◽  
Zaharah Yahya
Keyword(s):  
General Public ◽  
Qualitative Method ◽  
Islamic Law ◽  
The State ◽  
The Public ◽  
The Family ◽  
Rules Set ◽  
Laws And Regulations

Iddah is a period of mourning for a woman whose husband has passed on during which time she has to adhere to certain rules set by the Islamic law. Adherence to this rule is a form of devotion for the preservation of lineage and descent while at the same time expressing sadness. In addition, this order has also been applied to protect the welfare and rights of women after the death of the husband. Adherence to certain laws and regulations by women whose husband has passed away, has long been outlined by Islamic scholars. However, the reality of today's life requires many women to leave home for work or other family-related matters. This scenario creates a polarization in society where a woman whose husband dies needs to mourn and at the same time meet the needs of the family. The general public is still unclear. The implementations and practices are seen as inconsistent and not uniformed due to their misunderstandings and possibly even confusion of their practices during this mourning state of iddah. This study aims to identify the rules to be followed for women whose husband has passed on, with regard to dressing, travelling, and practising with their co-workers in accordance with shariah or maqasid shariah objectives. This study uses qualitative method based on two approaches, namely doctrinal mazhab method based on contemporary sects and fiqh approaches. The findings of this study indicate that there is a need for more detailed guidelines and waqi'e within the scope of the syariah jurisprudence for community reference in adhering to the rules and laws of the state. This takes into account the current contexts in order to avoid misunderstandings or confusion among the public.

scholarly journals The Contempt of Public Property: the Datooga Salt Fracas and the Resistance against Colonial Definition of Property in Central Tanzania (1923-1927)

2019 ◽  
Vol 19 (1) ◽  
pp. 36-53
Author(s):  
Samwel Mhajida
Keyword(s):  
Natural Resources ◽  
Political Power ◽  
Land Resources ◽  
Land Law ◽  
Public Ownership ◽  
The Public ◽  
Public Property ◽  
Salt Deposits ◽  
Definition Of ◽  
And Control

Abstract This paper discusses the Datooga resistance to the British land law as announced by the Land Ordinance in 1923. The discussion centres itself in the provocation that the law implied and commanded on the local Datooga’s ownership and control of the natural resources within the jurisdiction of the chief. The Datooga as shown in the paper were probably the first to openly resist the public ownership of resources as announced by the Ordinance, because for the Datooga the land resources, particularly the salt deposits from Balangida Lalu or any other that fell within the reach and borders of their chief’s power were completely Datooga. The pinnacle of this contradiction is whether local chiefs in colonial Tanganyika understood the limits of what the British had claimed to offer to the local chiefs or they sometimes needed to resist what they considered undesirable situation. The salt fracas in Mbulu district that the paper discusses is an indicator of the irony of colonialism that offered local chiefs political power which the recipients could not use beyond the colonial framework.

scholarly journals MAKSIMALISASI POTENSI ZAKAT MELALUI PENINGKATAN KESADARAN MASYARAKAT

2018 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
SITI NURHASANAH ◽  
SURYANI SURYANI
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
The Public ◽  
The People ◽  
Poor Families ◽  
The Government ◽  
The Right ◽  
To Receive

The theme of the article is: zakat management. The purpose of the article is: to examine the potential of zakat to overcome poverty. The research method used in this research is qualitative research methods. Zakat is a property that must be issued by a Muslim to give to those who have the right to receive it in accordance with Islamic law. The analysis shows that zakat can reduce the number of poor families from 84% to 74%. This shows the extraordinary potential of zakat which can prosper the people. Therefore the people need to be made aware of the importance of fulfilling the obligation of zakat. This awareness can be through socialization and education to the public related to the law, the wisdom of zakat, the assets of the zakat object as well as the procedures for calculation, and the relation between zakat and taxes. This is the duty of the government and the community to continue to campaign for zakat.

scholarly journals al-zakah wa al-?aribah fi al-Fiqh al-Islami wa al-qanun al-Indunisi (Dirasah Tajribiyyah Muqaranah)

2020 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Ahmad Muqorobin
Keyword(s):  
General Public ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
The State ◽  
Analysis Approach ◽  
Tax System ◽  
The Public ◽  
Inductive Approach ◽  
The Rich ◽  
The Government

Zakat is a financial system that is essential to create a balance between society, so as not to make the rich richer and vice versa.Zakat is an obligation for Muslims to get closer to Allah and to cleanse his property. While the tax is a mandatory contribution to the state charged to the public for the benefit of the government and the general public. Seeing the importance of zakat and tax as an instrument of income of a country, then the purpose of this study was to determine the legitimacy of a combination of zakat and taxation in Islamic law, and its application in Indonesia, whose population includes Muslims and non-Muslims. This research uses descriptive analysis approach and simultaneously inductive approach in explaining the rules of zakat and tax system and to clarify the differences between them, then explain the application of zakat and taxation in Indonesia, for increasing the zakat payment.

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