The Position of Islamic Law in the Legality of Land Ownership in Indonesia

10.2478/bjlp-2022-004109

Abstract

The emergence of conflicts or land disputes is mainly caused by fighting over the status of land ownership rights. It's assumed that there is an imbalance between the concept of land law and its implementation. As a country that doesn't completely give up religious affairs as individual matters, It’s necessary to consider the adoption of religious law in determining national law. So this research focuses on land law in Indonesia, the concept of land in Madzahib al-arba'ah, and the position of fiqh in land law in Indonesia. To support this research, a historical legal approach and a comparison of schools of thought are used to overview the evolution of land law in Indonesia and the relationship between this law and Islamic land law constructed by madzahib al arba'ah. The result of this research is that there are two periodizations of the development of land law: pre-independence land law and post-independence land law. Even though it has undergone a long legal evolution, inevitably, land conflicts are still developing, therefore seeing how Islamic law is in the concepts of huquq' ainiyah and huquq ijtima'iyah, of course, is oriented towards the benefit of the people above the use of the individual. So, the determination of national law should be able to adopt Islamic law as an inspiration in determining the philosophical basis of agrarian/land law.