Publication: Isu Tuntutan Harta Intelek Sebagai Harta Sepencarian:Analisis Kritis dari Perspektif Syariah dan Undang-Undang
Loading...
Date
2021-04
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
Jointly acquired property is the property obtained during the marriage of a husband and wife as a result of their shared resources or efforts. However, in this era of digitilization, the claim form of jointly acquired property has changed from a purely physical property to an intellectual property. Therefore, the claim for jointly acquired property also involves the intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife in a marriage, but this property claim can also be made by third parties other than the marriage couple. In fact, there is a fatwa (Islamic legal ruling) in the state of Kelantan that allowed such claim. As a sequence from this issue, this research aims to study the issue of intellectual property claim as a husband and wife jointly acquired property and analyze the issue of intellectual property claim as husband and wife jointly acquired property according to Islamic and legal perspective. This research is a qualitative research where the data were collected through the books of classical and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa (Islamic legal ruling) in the state of Kelantan and jointly acquired property cases in the Shariah Court. These data were then analyzed using a content analysis approach. The results of the research found that the Shariah Court took into account the facts and evidences of the case by the Plaintiff in deciding the claim and the rate of division of claims against jointly acquired property. In fact, it was also found that until now, there have been no cases related to intellectual property claims as jointly acquired property reported by the Syariah Court in Malaysia. The results of the research may provide guidance to the parties involved in the process of claiming jointly acquired property such as muftis, Sharie lawyers and judges in the Shariah Court in deciding the law related to intellectual property for cases involving jointly acquired property claims in Malaysia.
Description
Vol. 24 No. 2 (2021): Special Edition
Keywords
Jointly Acquired Property, Intellectual Property, Claim Issue of Intellectual Property
Citation
Abu Bakar, M., Ramli, N. A., Gomaa Zaghloul, S. G., Mohamed Ahmed, A. R., Abous, M., & Md Thahir, M. F. (2021). Isu Tuntutan Harta Intelek Sebagai Harta Sepencarian:Analisis Kritis dari Perspektif Syariah dan Undang-Undang: The Claim Issue of Intellectual Property as a Jointly Acquired Property:A Critical Analysis from Syariah and Law Perspective. Journal of Fatwa Management and Research, 24(2), 60-87. https://doi.org/10.33102/jfatwa.vol24no2.350