Religious-Socialistic of Land Ownership in Muslim Countries
Ridwan and Muhammad Fuad Zain
Institut Agama Islam Negeri (IAIN) Purwokerto
Email: ridwan[at]iainpurwokerto.ac.id
Abstract
This paper aims is to analyze the land ownership in Muslim Countries by religious socialism, that is fair and equitable based on religious, spiritual ethics value. The religious dimension of land ownership is used to distinguish the system of ownership of the socialistic school based on the philosophy of materialistic law. The data of this article is referring to the source of the Islamic literature as the basic concept of land ownership law in Islam and the practice of land law in several Islamic countries. The results of this study show three arguments; first, juridical-normative argumentation by proposing a theory of trusteeship and inheritance, stating that the earth and its contents belong to God who controlled by the state as the representation of the public interest. Second, historical argumentation by proposing historical evidence on the policy of legal reform of land ownership which is reflected in various state policies to regulate the procedures for acquisition, designation, land use and legal relations between people and their land to represent the principle of land social function. Third, the framework and practice of land law in various Muslim countries is based on two legal values, namely socialistic and religious.
Keywords: religious socialism; land ownership; Islamic law; regulation; land reform
Topic: Religious Studies