Pemakaian Sistem Torrens dalam perundangan tanah Malaysia dan kesannya terhadap Iḥyā’ al-Mawāt
al-Irsyad: Journal of Islamic and Contemporary Issues
View Publication Info| Field | Value | |
| Title |
Pemakaian Sistem Torrens dalam perundangan tanah Malaysia dan kesannya terhadap Iḥyā’ al-Mawāt
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| Creator |
Muhammad Serji, Rabi'ah
Mohamad, Mazliza Mohd Hussein, Safinaz |
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| Description |
Iḥyā’ al-mawāt is one of the methods to own certain land in Islam. Anyone who clears land and works on it has a right of ownership on the land. The method to own land by iḥyā’ al-mawāt is actually was practiced in Tanah Melayu before the British colonialisation. However, during the colonial period, they introduced a land system which is known as the Torrens system. The Torrens system is a system of land administration in which registration is very important to recognised land ownership and it is in contradiction to iḥyā’ al-mawāt. This principle was applied through the enforcement of the National Land Code. The question arises whether ihya’ al-mawāt can still be applied and recognised under the Malaysian land law. Therefore, the objectives of this paper are to discuss iḥyā’ al-mawāt and also to determine its place in the Malaysian land law. This paper which employs the content analysis method of court case and statute finds that iḥyā’ al-mawāt is not recognised under the Malaysian land law and further, it is an offence under section 425 of the National Land Code.
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| Publisher |
FPPI Press
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| Date |
2020-12-30
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| Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion Peer-reviewed Article |
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| Format |
application/pdf
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| Identifier |
http://al-irsyad.kuis.edu.my/index.php/alirsyad/article/view/152
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| Source |
al-Irsyad: Journal of Islamic and Contemporary Issues; Vol 5 No 2 (2020): al-Irsyad: Journal of Islamic and Contemporary Issues; 463-471
2550-1992 0128-116X |
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| Language |
eng
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| Relation |
http://al-irsyad.kuis.edu.my/index.php/alirsyad/article/view/152/78
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| Rights |
Copyright (c) 2020 al-Irsyad: Journal of Islamic and Contemporary Issues
http://creativecommons.org/licenses/by-nc/4.0 |
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