Kali ini property, what is property? – Things that can be owned.
Anything that can be held in the form of goods and benefits.
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.
- Human hanya trustee not primary owner.
- everyone must acquire al-maal rightfully. bukan dengan cara yg batil.
- disposal( nafkah,derma) of al-mal should also be done in accordance to shariah. ( al-qasas 77)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- MILTHY (HOMOGENEOUS)
– is the property that has the same value/ type with other property in the market.
- 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.
- 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 (╯_╰)
- 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.
-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.