Formulating Islamic jurisprudence framework for stratified properties management

Mohamad, Nor Asiah (2017) Formulating Islamic jurisprudence framework for stratified properties management. World Applied Science Journal (WASJ), 35 (8). pp. 1506-1511. ISSN 1818-4952

PDF - Published Version Restricted to Repository staff only Download (136kB) | Request a copy

Abstract

This paper prepares a basis for formulating a coherent and systematic jurisprudence of stratified properties management from an Islamic perspective. It promotes that stratified building management which allows for self management among the property owners forms a basis for positive relationship thus promoting the concept of Hablum Minallah (relationship with Allah) and Hablum Minannas (relationship among the fellow human being), sustainability, ecological awareness as well as accountability to the Creator (Allah). This paper employs a doctrinal analysis where the verses from the Quran and the compilation of the authentic hadith are used as a basis for developing a framework towards producing comprehensive jurisprudential guidelines for stratified properties management. The findings show that there is dearth of guideline from the primary sources on property management. Nevertheless, Islam laid down various general principles to form a guideline on how a Muslim manages his matters privately and with the public. The details are left to be determined via various methods of jurisprudential and legal analysis. This paper proposes that human being’s roles in stratified properties management should be regulated based on Islamic jurisprudence perspective where understanding of the objectives [maqasid] of the Shari'ah is of primary concern. Key words: Stratified properties management Strata titles Land Islamic jurisprudence Maqasid Shariah

Item Type:	Article (Journal)
Additional Information:	781/59746
Uncontrolled Keywords:	Stratified properties management; Strata titles; Land Islamic jurisprudence; Maqasid Shariah; Ecology and sustainability
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Nor Asiah Mohamad
Date Deposited:	04 Dec 2017 14:56
Last Modified:	01 Feb 2018 01:02
URI:	http://irep.iium.edu.my/id/eprint/59746

Actions (login required)

View Item