Issues on intellectual property as a jointly acquired property

Abstract

Jointly acquired property is property obtained during the marriage of a husband and wife generated from their collective resources or efforts. However, in this era of digitilization, the cases on jointly acquired property has changed from a physical property to an intellectual property. Therefore, the cases on jointly acquired property should also include matters related to intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife, this property can be contested by a third party. In fact, a fatwa (Islamic legal ruling) in Kelantan has legalize such application. As a consequence of this issue, this research aims to study the concept of intellectual property in term of jointly acquired property and analyze the issue of intellectual property according to Islamic and legal perspective. This study is a qualitative research with data collection done through library research particularly referring to classical books and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa in Kelantan and jointly acquired property cases in Syariah Court. Content analysis approach has been applied in data analysis process.