Management of Multi-Storey Buildings: Islamic Perspective

Mohamad, Mazliza; Shariff, Ahmad Azam Mohd; Hussein, Safinaz Mohd; Azizan, Siti Norafizah

doi:10.26475/jcil.2016.1.2.103113

Cited by 3 publications

(2 citation statements)

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“…Accordingly, despite the occurrence of qabd hukmiy (handover of possession that is legally valid even if the physical handover of the goods has not taken place), it must prove the existence of the transfer of ownership in full to the buyer. This is even if the ownership does not physically occur and the buyer has not yet physically received the goods (Mohamad et al, 2017). Furthermore, according to Badri (2015), the transfer of ownership fully indicates the transfer of responsibility.…”

Section: Guidelines Involving Gold Transactions From a Shariah Perspe...mentioning

confidence: 99%

Penalties For Cancelling Locked Gold Purchase Orders In Online Trading

Saiman,

Hussain

2023

JMIFR

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Lock price gold transactions are becoming increasingly popular among gold buyers because buying gold is easier online. The lock price method gives the buyer a 24-hour period to make a payment with a price that has been locked without changing the value during that period. The lock price method is based on the concept of wa'd that is allowed, which is just a promise, not a sales contract. The problem is when the seller or company sets a fine for the buyer who cancels the transaction such as 5% of the lock price gold price. The setting of the fine makes binding between the seller and the buyer as if there had been a deferred sales contract which is not allowed in transactions involving usury (ribawi) items. This study aims to analyze Shariah law regarding the setting of the fine, which makes the concept of wa'd, which was originally just a promise to the binding process that forms a deferred sales contract. The design of this study is qualitative through a literature review with content analysis and documents from secondary sources such as theses, journals, and academic articles related to the issue of research. At the end of the discussion, this paper recommends some suggestions for improvement in the shariah issues that occur in gold transactions related to the lock price method based on the formation of the proposed guidelines.

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Section: Guidelines Involving Gold Transactions From a Shariah Perspe...mentioning

confidence: 99%

Penalties For Cancelling Locked Gold Purchase Orders In Online Trading

Saiman,

Hussain

2023

JMIFR

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“…Islam is absolutely unambiguous about eradicating all forms of injustices, inequity, exploitation, oppression and wrongdoings. 18 Sutan Remi Sjahdeini mengemukakan pendapat dari Lee & Delta mengenai tujuan dalam prinsip kepatuhan syariah dalam Islamic finance dimana Islamic financial system, therefore, cannot be introduced merely by eliminating riba but also by adopting the Islamic principles of social justice and introducinglaws, practices, procedurs and instruments which help in the maintenance and dispensation of justice, equity and fairness. 19 Liebesny stated that "Islamic law is basicly divine law".…”

Section: The Al Musawah Principle In Order To Reach Justice and Prmentioning

confidence: 99%

The Characteristics of Proportionality Principle in Islamic Crowdfunding in Indonesia

Roro

Hernoko

Anand

2019

JHP

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Proportionality is a legal principle not only requires equility of the rights and obligations among parties based on competing values, but also has purpose to deliver justice among parties. This principle is in line with the Al Musawah principle in the Islamic contract or agreement which it also has the same goal: ad ‘adl wa tawazun. This principle is the implementation of the principle of good faith, the principle of transactions based on honesty including in terms of determining the profit margin. The research significance are to provide enhance knowledge about proportionality principle in Islamic crowdfunding in Indonesia, especially in financing contract in Islamic financial technology as a new business innovation scheme. This paper in order to promote the impartial perception and to harmonize the Islamic law and Indonesian laws. The type of the research is legal research. The research methods apply the conceptual approach to the the Islamic crowdfunding under proportionality principle in financing contract.

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Land Planning, Property Rights and Management of Built Heritage: Some Hong Kong Observations of Colonial Military Buildings

Lai

Davies

Choy

et al. 2022

Land

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There has been much confusion in property rights inquiry into real (immovable) property (i.e., land) between open access and common property, and between public property and common property because that is often also open access. This paper argues that the property rights and access control are two distinct dimensions of land resource management. Access control involves the exercise of exclusionary power relevant to the management of the immovable property (property management) for its optimal use. A review of the literature shows that definitions of property management tend to be too narrow but point towards the need to articulate issues within the property rights paradigm. As a contribution to sustainable resource use as a dimension of land planning, this paper points out and discusses the probable sources of the confusion between land property rights and property management. A “Land Property Rights and Management Matrix” (LPRMM) is developed as a theoretical tool for clarifying the confusion and the relationships amongst relevant concepts. The LPRMM is theoretically informed by Barzel’s not entirely correct distinction between legal (de jure) and economic (de facto) rights and enriched by relevant literature on property rights and property management. Practical use of the LPRMM is illustrated by its application to analyze the issues pertaining to the actual resource-use phenomena in colonial military buildings erected on both private and public land in Hong Kong. The results show that heritage buildings on land under public ownership as private property can be neglected or intensively managed. The LPRMM is not only a useful theoretical tool for precisely assessing the actual affairs of resource use but also a practical tool for identifying issues of property management in its widest sense. The LPRMM offered is a proper interpretation of Barzel’s distinction between legal and economic rights and contributes to systematically re-interpreting property management as town planning writ large in terms of de jure property rights and de facto access.

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Management of Multi-Storey Buildings: Islamic Perspective

Abstract: ABSTRACT

Cited by 3 publications

References 0 publications

Penalties For Cancelling Locked Gold Purchase Orders In Online Trading

Penalties For Cancelling Locked Gold Purchase Orders In Online Trading

The Characteristics of Proportionality Principle in Islamic Crowdfunding in Indonesia

Land Planning, Property Rights and Management of Built Heritage: Some Hong Kong Observations of Colonial Military Buildings

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