إحياء الموات وسيلة لتملك الأراضي : دراسة مقارنة بين الشريعة الإسلامية والقانون الزراعي الإندونيسيي /
This study examines the revival of dead land as a means to own land by comparing between Islamic law and agrarian law of Indonesia. It also includes the definition of the concept of reviving dead land and legitimacy in Islamic law, and clarification on the conditions, controls, modes and other matte...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2012
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | This study examines the revival of dead land as a means to own land by comparing between Islamic law and agrarian law of Indonesia. It also includes the definition of the concept of reviving dead land and legitimacy in Islamic law, and clarification on the conditions, controls, modes and other matters that relate to reviving dead land based on the work of various scholars, as they try to shed light on the concept of reviving dead land and its place in the Indonesian agricultural law. This study has adopted the inductive approach, which identifies the subject in earlier books and by later scholars and researchers in Islamic jurisprudence as well as the legal sources that concern Indonesian agrarian law. The researcher also adopted the analytical method in the analysis of the subject matter as well as critical issues that raise many ambiguities. The comparative approach was used in comparing the views of scholars, and between Islamic law and Indonesian agriculture in order to shed light on the face of access to the similarities and differences between them. The study found some important results; most importantly, the study reveals that there are many similarities between Islamic law and Indonesian law in the agricultural revival of the dead land. The differences between them, however, are few. The findings emphasize the need to clarify the meaning of dead land in Indonesian agrarian law, and the necessity to clarify the type of land that can be classified as dead land and the existence of the exception in the land owned by individuals and the state. |
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| Item Description: | Abstracts in English and Arabic. "بحث متطلب مقدم لنيل درجة الماجستير في الفقه وأصول الفقه." --On title page. |
| Physical Description: | [xi], 114 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 101-114). |