property 05/1/2013

 

Kali ini property, what is property? – Things that can be owned. 
Anything that can be held in the form of goods and benefits.

According to;
Shafie’s scholars – it is consodered as property if it has commercial value, whether in the form of good or benefits and compensations can be made if the property is destroyed/broken.
Islamic Jurists – al-mal bermaksud – thing desired by human and it can be stored for used when necessary.
Hanafi Scholars– the property ( al-mal) is something that is desired by humans and can be stored longer.

AL-MAL IN AL QURAN.

  1. Human hanya trustee not primary owner.
  2. everyone must acquire al-maal rightfully. bukan dengan cara yg batil.
  3. disposal( nafkah,derma) of al-mal should also be done in accordance to shariah. ( al-qasas 77)
  4. no one is authorized to destroyed/ waste the wealth. ( al baqarah 205)

TYPES OF AL-MAL ada 2. 1) Tangible Assets 2) Intangible Assets.

1) TANGIBLE ASSETS (A’YN)
  assets that has a physical form which can be touch, see, move dll.
  contoh – cash, equipment, real estates, dll.
 ADA 7 CLASSIFICATION OF TANGIBLE PROPERTY.

  1. MANQUL (MOVABLE)
    Hanafi – “define it as anything that can be moved from one place to other places without changing its original form or structure.”
    Maliki – “anything that can be moved from one place to another without changing its original form”
    contoh – car, currencies, tradable goods.
  2. AQAR (IMMOVABLE) 
    Hanafi – ” property that can’t be moved from its original place”
    Maliki – “anything that can’t be moved by changing its original structured”.
    contoh – bangunan, tanah.

jhgj

  1. AL-MUTAQAWWAM (VALUABLE)
    refer to any property that posessed and legal in view of Shariah. Generally all property are mutaqawwan as long as it is permissible.- can give benefits to us.
    contoh – handphone, s2, s3, Honda.
  2. GHAIR MUTAQAWWAM ( INVALUABLE)
    refer to any property that NOT POSSESSED BY SOMEONE, contohnya – Ikan d AIR. Burung d UDARA. Rumput.
    dan anything that is not permissible/ haram lah d sisi agama mcm SINALAU BAKAS. DAN WINE.
  3. BENEFIT OF THE PROPERTY
    – Contract is VALID in valuable property but NOT in invaluable property.
    – COMPENSATION of any damages/ destroted in valuable property is a must. (mesti kau buat ganti rugi)  The owner has the RIGHT to do COMPENSATION.

gjg

  1. MILTHY (HOMOGENEOUS) 
    – is the property that has the same value/ type with other property in the market.
    -contoh: …
  2. QIMLY (HETEROGENEOUS) 
    – refer to non substitutes in the market or goods that have substitute but DIFFERENT IN VALUE. 
    contioh : land, houses, carpet, gems.
    in term of compensation of damages- 
    Milthy – damage must be compensated with SAME VALUE N AMOUNT.
    Qimly- damages must be compensated in equivalent value of damages.
    in term of repayment of debt-;
    Milthy – can be used to settled the debt. hutang duit bayar duit.
    Qimly -cannot be used to settle the debt.

hkj

  1. ISTIHLAAKY (CONSUMABLE)
    -anything that can only be used by changing/destroying its physical original form.
    contoh : makanan la bah kan? kan? eh yah ka. emm  (╯_╰)
  2. ISTIMALY (USABLE)
    -anything that can be used without changing its original form/structure.
    contoh air zam-zam, kata nih org dalam kertas. kbai.
    Benefits of classification
    -contract for both property may be not same in certain circumstances.
    -renting, leasing and borrowing are applicable to Istimaly.  

 

INTANGIBLE PROPERTY
-person/ corporation can have ownership & can transfer ownership to another person but has no physical substances.
it include LITERACY, TRADE MARKS, SERVICE MARKS, INDUSTRIAL DESIGN. 
CONTOH – TV9, AL-HIJRAH. TV broadcast jadi property to the corporate itself.

ok thats all. malas sudehhh sayeeeeeeeee. 
selamat membaca, maaf. nota ringkas si pemals yang rajin menaip tiba-tiba.

 

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