Al-Ardhi dan Hak Milik dalam Islam: Sebuah Kajian Komparatif

The concept of land ownership, or *al-ardhi*, holds significant importance in Islamic jurisprudence. This is not merely a legal matter but also deeply intertwined with ethical and social considerations. The Islamic perspective on land ownership, particularly in relation to individual rights and societal responsibilities, offers a unique framework that contrasts with many modern legal systems. This essay will delve into the Islamic understanding of *al-ardhi* and its implications for individual ownership, exploring the key principles and comparing them with contemporary legal frameworks.

The Islamic Perspective on Land Ownership

Islam recognizes the right of individuals to own land, but this right is not absolute. It is subject to certain limitations and responsibilities. The Quran states, "And He has subjected to you, whatever is in the heavens and whatever is in the earth, all from Him." (Quran 45:13). This verse emphasizes that ultimate ownership of all things, including land, belongs to Allah. Humans are merely stewards, entrusted with the responsibility of managing and utilizing these resources in a just and equitable manner.

The Concept of *Waqf*

One of the most prominent features of Islamic land ownership is the concept of *waqf*. *Waqf* is a charitable endowment where an individual dedicates a property, including land, for a specific charitable purpose. The property remains under the ownership of the *waqf* foundation, but its benefits are used for the designated purpose, such as building mosques, schools, or hospitals. This concept ensures that land remains available for public benefit and prevents its concentration in the hands of a few.

The Principle of *Maslahah*

The Islamic principle of *maslahah*, which translates to "public interest," plays a crucial role in land ownership. This principle dictates that the use of land should prioritize the well-being of the community. For instance, land may be restricted from being used for activities that harm the environment or public health. This principle also emphasizes the importance of equitable distribution of land resources to prevent social inequalities.

Comparison with Modern Legal Frameworks

Modern legal systems often adopt a more individualistic approach to land ownership, emphasizing the right of individuals to own and control their property without significant restrictions. While this approach promotes individual freedom, it can also lead to the concentration of land ownership, social inequalities, and environmental degradation. In contrast, the Islamic framework emphasizes the social responsibility associated with land ownership, promoting equitable distribution and sustainable use.

Conclusion

The Islamic understanding of *al-ardhi* and its implications for individual ownership offer a unique perspective on land management. The principles of *waqf* and *maslahah* highlight the importance of social responsibility and the need to prioritize the well-being of the community. While modern legal systems often focus on individual rights, the Islamic framework emphasizes the interconnectedness of individual rights and societal obligations, providing a valuable framework for addressing contemporary challenges related to land ownership and resource management.