Pemakaian Sistem Torrens dalam perundangan tanah Malaysia dan kesannya terhadap Iḥyā’ al-Mawāt

al-Irsyad: Journal of Islamic and Contemporary Issues

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Title Pemakaian Sistem Torrens dalam perundangan tanah Malaysia dan kesannya terhadap Iḥyā’ al-Mawāt
 
Creator Muhammad Serji, Rabi'ah
Mohamad, Mazliza
Mohd Hussein, Safinaz
 
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.
 
Publisher FPPI Press
 
Date 2020-12-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://al-irsyad.kuis.edu.my/index.php/alirsyad/article/view/152
 
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
 
Language eng
 
Relation http://al-irsyad.kuis.edu.my/index.php/alirsyad/article/view/152/78
 
Rights Copyright (c) 2020 al-Irsyad: Journal of Islamic and Contemporary Issues
http://creativecommons.org/licenses/by-nc/4.0
 

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