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UIN Malang

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Rabu, 25 Desember 2013

Intellectual Property Rigths

IPR (Intellectual Property Rights) are legal rights relating to inventions and creativity issues a person or persons associated with the protection of the reputation issues in the field of commercial (commercial reputation) and actions / services in the commercial field (goodwill). The main object of IPR are the work, creation, form of the mind, or the human intellectual. The word " intellectual " reflected that the object of the intellectual property is intelligence, intellect, or the product of human thought ( the Creations of the Human Mind ) ( WIPO , 1988:3 )

Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and trade secrets in some jurisdictions.

Islam protect IPR as well. Dr. Fath'i Duraini in his book al-Haq al-Ibtikār fi al-Fiqh al-Islami al-Muqāran said: The majority of scholars of the Maliki, Shafi'i and Hanbali argues that the copyright on the creation of original and useful classified precious treasure, as objects, which may be utilized Personality 'or Islamic law (al-Duraini, 1984: 20).

Mudawamah - 11220079

The Securities

One of the main characteristics of the securities is the possibility to be traded. To avoid usury, how should the sale of securities in order to be allowed. When viewed in detail, sale of securities can be divided into two, namely securities representing 'ayn and dayn representing securities (debt). In the business perspective of sharia law, securities representing 'ayn (ownership asset)  are allowed to be traded.

So, in Islamic economics perspective prohibit to trade debt, just allow to trade an ownership asset.


Mudawamah - 11220079

Limited Company is Musharaka

Limited Company, hereinafter referred to as the company, is a legal entity which is a capital alliance, established under the agreement, to conduct business with all of the basic capital divided into shares and meet the requirements set forth in this law and its implementing regulations. (Article 1, paragraph 1 of Law No. 40 of 2007)

Musharaka (shirkah or syarikah or union or partnership) is a common form of business for the results where two or more people donate finance and business management, the proportion can be the same or not. Profits are shared according to the agreement between the partners, and the losses will be distributed according to the proportion of capital. Musharaka transactions based on the desire of the parties to work together to increase the value of their assets jointly with integrating all resources.

Based on the both definitions, company has the same meaning with Musharaka, so in Islamic Economics, limited company include of Musharaka.

source: UU No.40/2007

Mudawamah - 11220079

Sharia Banking Efforts Maintain principles of Shariah





Sharia Banking Efforts  Maintain principles of Shariah
Although an agency bears the name of shari'ah, but it is also possible in the operations deviating from that carried the name . In conducting its business of Bank Based on Shariah Principles that seeks to preserve and maintain the principles of shari'ah " ah is maintained in operation . Efforts were made ​​can be noted include:
A. Through the organizational structure
In the organizational structure of the bank shari'ah " ah , no institution in charge of and responsible for providing oversight of the bank's operations shari'ah, the Sharia Supervisory Board. These institutions are usually placed on the BOC level position at each bank. Sharia Supervisory Board Member set by the Shareholders Meeting of candidates who have received a recommendation from the Board of Shariah " National. Shariah Supervisory Board charge of researching new products shari'ah bank " ah and provide recommendations on new products as well as making a statement that it supervises banks still run the business based on the principles of shari'ah.
B. Funded through the Business of Business
Other efforts of the bank shari'ah to keep the business carried on fixed according to the provisions of shari'ah is financed through venture business . Before approving the proposal by the bank financing shari'ah, selected first things that relate to the financing business . This was done to avoid financed contrary to the principles of shari'ah.
C. Work Environment and Corporate culture
A bank shari'ah should have a working environment in line with the shari'ah. In terms of ethics , such as the nature of trust and Siddiq , must underpin every employee , so that the integrity of the executive reflected a good Muslim . In addition, bank employees shari'ah must be skillful and professional ( fathanah ), and able to perform tasks in a team -work, in which the information evenly across functional organizations ( sermons ) . Similarly, in terms of reward and punishment , is necessary in accordance with the principles of justice that shari'ah.

Ihyaau al - Mawaat ( Land of the Dead or Turning Vacant Land )



Ihyaau al - Mawaat ( Land of the Dead or Turning Vacant Land )
Al - Mawaat is the title of the land is not affected by water. Then Ihyaau al - Mawaat is turn off or land vacant land to be managed in order to benefit from the land was not lost in vain. As agriculture is the largest source of riches ¬ ment and livelihoods, revive dead lands have enormous benefit that lesson back in three benefits.
1 . Turning the dead land
2 . Expanding the search field of human sustenance.
3 . Making benefits for a priest to Baitul Mal Muslims as well as one-tenth of the land tax which is then split to the beneficiary.
And, no stranger to that person who animate dead land with the permission of the priest after that, he became the owner. If the person is indigent, then it would be a rich man who has an ownership interest ¬ to save himself from the shackles of poverty.
May God prevent us and you all of it, and this is the greatest favors that can be obtained

Wisdom Musaqah (Caring A Plantation with Revenue Sharing Agreement)



Wisdom Musaqah (Caring A Plantation with Revenue Sharing Agreement)
If there are rich people have a garden in which there are trees such as the date palm and grapes, and a person is not able to irrigate or caring for palm trees and the grapes due to an obstruction, then the Sharia ' The wise ( God ) to allow his ¬ perform a contract with someone who mall to irrigate and care for the trees . And , for each of the two to get a part of the result .
In it there are two lessons. First, remove the burden of pauperism ¬ poverty and humiliation from the shoulders of the poor, who by that means have to meet their needs. Second, the benefits exchanged between fellow human beings. In addition, there is also another boon for the owners of the tree that is growing trees he has. So if he let the tree without watering, then a day or a few days the trees will be damaged. and death. Plus it will give birth to a bond of love among humans and can unite people so that will be very useful.

Types of merger



a. mergers
Merger is a merger of two companies into one, where the company meakukan mergers take over all the company's assets and liabilities into a merger partner with such companies that have merged at least 50% of the shares and the merged company ceased operations and its shareholders receive amount of cash or shares in the new company
b. acquisition
The acquisition is a takeover (takeover) of a company by buying shares or assets of the company, the company purchased remain
c. consolidation
Once the merger is completed, a new company created and shareholders of both parties receive new shares in the company

oleh: NURUL YAQIN 11220108