Penggusuran dalam perspektif kaidah hukum Islam

Syaikhu, Syaikhu (2013) Penggusuran dalam perspektif kaidah hukum Islam. el-Mashlahah, 3 (2). pp. 77-85. ISSN 2089-1970

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Abstract

Development, infact, has its impacts. One ofthe impacts which damages lhe interest of the people is the condemnation of the land on behalf of development. The reason behind developmenl is the interest of the people. Often, lhe interesl of the people is considered to be a mask to cover the inlerests of certain people. The condition is becoming worse when condemnation is dgainsl the interest of the people. The condemnation happens in lhe urban areas because of the limited availability and the expensiveness of the land. In rural area, the condemnation is done on behalf of great infrastructure development project such dam construction. One of the reasons ofthe obligatory oflhe colleclive possession toward natural objects is that all are given by Allahfreely, human beings do not have dificulty to use them. Thus, anyone can have lhose nalural objects. This can cause problem for the community. In big cities, the condemnation ofpoor people area (Kampung) can break lhe neighbors social network and thefamily, break the stability of daily life such as in thefield ofwork and in the school a well as abolish occupied assets. Ahhough, in essence, all on lhe earlh belong to Allah, everybody have the right to have the lond based on the law. Because everybody can have and use il in line wilh lheir own poor use as for as they do not break lhe rules

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