Jurnal Riset Hukum, Ekonomi Islam, ekonomi, Manajemen dan Akuntansi
Vol. 1 No. 2 (2022): Juli

KONSEP IHYA’ AL-MAWAT MENURUT HUKUM EKONOMI SYARIAH (DALAM FIQH ISLAM) DITINJAU DARI UNDANG-UNDANG POKOK AGRARIA DAN UNDANG-UNDANG KEHUTANAN

Ahmad Syarbaini (STIS Al-Hilal Sigli)



Article Info

Publish Date
27 Jul 2022

Abstract

Ihya 'al-mawat is the cultivation of vacant land that has not been processed and is not owned by someone to be used as productive land, both as agricultural land and building buildings. The legal basis for ihya 'al-mawat is based on the hadith of the Prophet Muhammad s.a.w, the law (mustahab), other opinions say ja'iz. The ways of Ihya' al-Mawat are as follows: fertilizing, planting, making fences, and digging trenches. The fiqh scholars agree that the conditions for ihya 'al-mawat include: Islam, puberty, intelligence, people working, land to be cultivated, not belonging to others, and the cultivation process. The majority of scholars have different opinions that clearing vacant land is the cause of land ownership without being obliged to require a permit from the government. As the Basic Agrarian Law and Forestry Law, it must first refer to the guidelines of the Qur'an and Al-Hadith. Basic Agrarian and Forestry Laws made by the government. Because Indonesia is a nationalist country, the law used is the 1945 Constitution of the Republic of Indonesia, article 33 paragraph 3 as the Basic Agrarian Law in Indonesia.

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Journal Info

Abbrev

jhei

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The focus of the Journal is to provide readers with a better understanding, especially in the field of Islamic Economic Law in Indonesia and its surroundings. JHEI Journal is a journal in the field of Islamic Economic Law that examines the following fields: Accounting Sharia Accounting Economics ...