CONCEPT OF MAL (PROPERTY) AND OWNERSHIP

1. DEFINE OWNERSHIP

1.1. The word ownership comes from the Arabic al-milk which means mastery over something. Al-milk also means something that belongs. In Arabic "milk" means the person's mastery of something (goods or property) and the goods in his hand either in real or legal terms. In other words, property is the mastery of objects that allow the owner to take legal action against the object, unless there is a prohibition of syarak '.

1.2. Type of ownership

1.2.1. 1. Private ownership; Islam recognizes private ownership as the individual’s property and permits the ownership of all types of property acquired by lawful means. 2. Public ownership; We must distinguish between the public ownership and government ownership of the property. 3. Waqaf; Waqaf is not mentioned in al-Quran explicitly, but it is implicit in the teachings of the al-Quran and Hadith. Waqaf is meant to take resources away from the private ownership and allocate them to the benefits of those who need the fruits or results of such projects. Waqaf is independent from the control of both the private sector and the government. It belongs directly to the society and is perpetual source of income to its beneficiaries.

1.3. IDENTIFY THE TYPES OF OWNERSHIP

1.3.1. 1. MILK AT-TAM (COMPLETE OWNERSHIP) Milk At-Tam can define as total ownership, which legal ownership without beneficial ownership, or vice versa. An owner holding only one or the other is unable to enjoy the full rights or benefits that come with total ownership. A perfect ownership is ownership of the goods and also the benefits as well. It has the characteristics of: * Complete authority; The ability of the owner to manipulate the property and its usufruct in the Shariah lawful conventional transactions such as selling, leasing, gift, and will, succession as in inheritance, and the fruit of its production. * Continuity; The property is used unconditionally for a time or a situation within the shariah teachings, as long as the property exists. * No compensation; When damaged, the owner is not obliged to refund anyone, but his/her responsibility is a religious and moral one, which may lead to power of attorney (Hajr).

1.3.2. 2. MILK AN-NAQIS (INCOMPLETE OWNERSHIP) Milk An-Naqis refer as Partial ownership. It is legal ownership without beneficial ownership, or vice versa. An owner holding only one or the other is unable to enjoy the full rights or benefits that come with total ownership. The owner of al-Naqis only have benefits only while the property is owned by another person or possession of the property only when its benefits are owned by others, such as leasing, lending and endowment. Some of the features that define something are said to be milk al-Naqis: * Ownership is limited time, place and nature of ownership. * The Owner shall not inherit any property or right of benefits it has. * The beneficiaries of milk al-Naqis property are responsible for the property. * In the event of expiration, the property or the right to use of any property should be handed over to its perfect owner (full ownership).

1.3.2.1. Milk An-Naqis is divided into three: 1. Haq al-irtifaq (ownership over rights); Haq al-irtifaq is right on the garden for the benefit of other gardens such as the right to irrigate the fields through other people's farms. In privately owned properties, the individual as well as the group has the easement rights because of the attachments and geographical topographical relationship between properties. 2. Haq Mulk al ‘ain (ownership over property only); It refers to a situation where a property is owned by one person and its usufruct by another. For example, in a leased house, the lessee has the right to take the possession of the house and use it for the leasing period. During the period, the house owner’s right is not complete. He cannot lease the same house to other nor can he sell it without the lessee’s permission. 3. Haq Mulk al manfa’ah syakhsyi (ownership over usufruct only); It is the complement of the second ia a ownership over property only. It refers to the same situation where a property is owned by one person and its usufruct by another. One owns the ownership for a specific period of time and has the right to sell this usufruct or make others share it with him. examples of this type are leasing (Ijarah), borrowing (Ijarah), endowment (waqaf), and wills (Wasiyyah). Ownership over usufruct could also be granted through permission (ibahah) where a person permits another to use, for instance, his car or computer.Milk An-Naqis is divided into three: 1. Haq al-irtifaq (ownership over rights); Haq al-irtifaq is right on the garden for the benefit of other gardens such as the right to irrigate the fields through other people's farms. In privately owned properties, the individual as well as the group has the easement rights because of the attachments and geographical topographical relationship between properties.2. Haq Mulk al ‘ain (ownership over property only); It refers to a situation where a property is owned by one person and its usufruct by another. For example, in a leased house, the lessee has the right to take the possession of the house and use it for the leasing period. During the period, the house owner’s right is not complete. He cannot lease the same house to other nor can he sell it without the lessee’s permission. 3. Haq Mulk al manfa’ah syakhsyi (ownership over usufruct only); It is the complement of the second ia a ownership over property only. It refers to the same situation where a property is owned by one person and its usufruct by another. One owns the ownership for a specific period of time and has the right to sell this usufruct or make others share it with him. examples of this type are leasing (Ijarah), borrowing (Ijarah), endowment (waqaf), and wills (Wasiyyah). Ownership over usufruct could also be granted through permission (ibahah) where a person permits another to use, for instance, his car or computer.

2. DEFINE MAL, HAQ (RIGHT) AND MANFA’AH (BENEFIT)

2.1. haq means something that is recognized by the shariah to someone, whether material or moral benefit, the benefits related property, or in connection with yourself. For example Haq husband against his wife, or Haq use his car. three categories of haq:

2.1.1. 1. Al-Haq al Mubah; A permissible right gives the owner the right of either to act or not to act, since the law neither commands nor forbids him to do so. For example, is the individual's right to own property, until the right is exercised, it is considered a liberty.

2.1.2. 2. Al-Haq al Thabit An obtainable right is in between the permissible right and the confirmed right and occurs when a person can, but is yet to acquire a confirmed right through the exercise of his unilateral wish. For example, when a person is offered to buy merchandise, an obtainable right is created in his favour.

2.1.3. 3. Al-Haq al Mu'akkad A confirmed right entitles the bearer an exclusive advantage that can be inherited and made a basis of a claim for compensation..

2.2. al-mal (property) is Property is an important part of life that does not segregated and always pursued by the man in her life, especially in Islam and can be owned by one person. Various definitions of the jurists regarding Mal that also known as something of value, and those who damage it is liable to pay damages.

2.3. Manfa'ah is referred to as intellectual property that cannot be seen and touched.is something that is beneficial to human beings a Classified as incomplete property. Explains as something that can be owned by a person or company and can transfer ownership to another person or company, but has no physical material. manfa'ah have contract that used concepts of manfa’ah.

2.3.1. 1. Borrowing situations; Haq owned by creditor and manfa’ah owned by debtor. Example borrows the money. 2. Ijarah or renting situations; Normally a contract of selling the benefit of a property at a specified price and period. Ownership of the property is not transferrable. Example rental house. 3. Waqaf; A voluntary contribution of a special property by the owner for the benefit of the society. Example waqaf for education or waqaf for health services. 4. Wasiyyah; A will or a document which states a person’s property that will be distributed after death. The property is distributed using Faraid and the new owner can use the property as he like by following the will itself. 5. Ibahah; The permission to use the benefit of or consume something. Example the permission to stay in someone’s house.

3. DESCRIBE THE TYPES OF MAL

3.1. 1. (a) MANQUL (MOVABLE) Manqul a property that can be transferred from a place to another place. Such as laptops, cars, and so on that can be taken anywhere. without changing its original form of structure. (b) GHAIR MANQUL (IMMOVABLE) Ghair Manqul or Mal Aqar is the property fixed and cannot be transferred from one place to another to another. For example, trees, buildings, or property if you move will change the shape and nature. Hanafi school mention as property that cannot be moved from its original places. 2. (a) MITHLIY (ALIKE) Property that have in common with other properties on the market, either in form or value. For example pen, because pen a lot the market. Mithliy property can be categorized into four sections: * Al-makilaat; property that can be measured such as wheat, rice and others. * Al-mauzunaat; property to be weighted, such as cotton, iron and others. * Al-'adadiyat; property that can be counted as almost the same size as eggs, and others. * Al-dzira'iyat; property that can be measured with a meter or yard as the same kind of cloth, the same wood cuts and types. (b)QIMMIY (INVALUABLE) Qimmiy refer to non-substitute but different in value. Qimmiy property is property that is not there yet in any similar or equivalent to each other in the streets or in stores, or available for a similar propertyFor example, antique goods like Taming Sari cannot be replaced. 3. (a) ISTIHLAKIY (SINGLE-USE) Istihlakiy refers to anything that can be only be used by changing or destroying its original form. For example foods or drink of water. (b) ISTI’MALIY (REUSABLE ITEM) Isti’maliy refers anything that can be used without changing its original form or structure. For example book or pen. Isti`maliy is adopted and sustained use. 4. (a) MUTAQAWWIM (VALUABLE) Mutaqawwim refers to any property that is possess and legal in view of shariah. Mutaqawwim is the property that is derived by people with an effort, and allowed by Islamic law to use, such as food, clothing, Recognition shariah there would only apply to the following conditions: 1. The property is owned by the respective owners legally. 2. The property can be exploited measured sharia law in the normal state. (b) GHAIR MUTAQAWWIM (VALUELESS) Ghair Mutaqawwim refer to any property that is not possessed by someone and non-permissible property. Property that has not been achieved or accomplished by an undertaking, the property is not fully in the grip of human ownership, like pearls on the sea floor, and more. The property is not allowed Islamic law to be used, except in emergencies, such as liquor. For a Muslim, Ghair Mutaqawwim property cannot be taken, except in an emergency. However, the exposure is minimal rate that could save lives, should not be excessive.