Implementation Of Land Property Rights In The Review Of Islamic Law And Agrarian Law Study In Village Tanambulava District Sigi Regency

Abstract

This articele discusses the implementation of land ownership rights in a review of Islamic law and agrarian law. Case Studies in Sibowi Village, Tanambulava District, Sigi Regency. The formulation of the problem in this thesis is: first, what are the rights to land in the review of Islamic law in Sibowi village, Tanambilava sub-distric Sigi distric? Secound, what about property rights in the review of agrarian law in Sibowi Village, Tanambulava District, Sigi Regency?

 The research method used is a qualitative research approach by choosing a research location in Sibowi Village, Tanambulava District, Sigi Regency. The data source was obatained from primary data and secondary data that are relevant to the problem under study. The data collection techniques used were observation, interviews and documentation, while the data analysis techinques used were data reduction, data presentation, data verification.

The results showed that the people of sibowi Village, district Tanambulava, Regency Sigi had previously managend the land which was formerly abandoned land, so that based on these findings, when viewed in a review of Islamic law, community ownership of land in Sibowi Village, Tanabulava District, Sigi Regency, is recongnized in Islamic law.

Meanwhile, in the view of agrarian law, the recongnition of land ownership rights must be recongnized in a fomal legal manner based on the provisions in force in the law, namely by carrying out a land registration process which then produces legal proof of ownership or in the form of a land certificate. Therefore, the land ownership of the Sibowi village community does not qualfy as property rights.

The conculusion obatained is that the ownership rights to the land of the Sibowi Village community in a review of Islamic law are recongnized based on the Propehet’s hadith about revving dead land and the opinion of Syafi’iand Ahmad, that abandoned lands do not belong to bayt al-mal but neutral property (permissible) is whoever takes it first (works on it) then he is the owner whereas if it is reviwed in agrarian law it must be recongnized in formal legality based on the provisions which then produces proof of ownership valid or in the from of a land certificate.