Universitas Islam Malang Conference, International Conference on Islam and Global Civilization 2023

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INTELLECTUAL PROPERTY RIGHTS AS AN OBJECT OF WAQF FROM AN ISLAMIC LEGAL PERSPECTIVE
Firda Qotrunnada, M. Indra Riamizad Raicudu

Last modified: 2024-05-14

Abstract


Waqf is one of the recommended and acceptable actions special position in Islam. Because waqf provides benefits and benefits is one way to provide welfare for society. Waqf which initially only consisted of immovable objects such as land and buildings. Now, through the times, the objects of waqf have become broader, such as objects one example of this is intellectual property rights. In this article the author raises the topic of the validity of intellectual property rights as objects of waqf. The research is normative juridical research. By using two types of approaches, namely the state approach and conceptual approach. The results of this research indicate that intellectual property rights which are the object of waqf can be said to be valid from a legal perspective in Indonesia. This is proven by the existence of law number 41 of 2004 concerning waqf. And related to the categorization of intellectual property rights as assets. Imam Shafi'i classifies intellectual property rights as a category of assets that can be used as objects of waqf.

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