Perbandingan Hukum Kepemilikan Bersama Dalam Islam: Studi Terhadap Konsep Al-māl Al-musya‘ Dan Al-māl Al-musytarak

Abstract

The concept of joint ownership in Islam is crucial for managing collective wealth in contexts such as inheritance, business partnerships, and social assets. Two primary forms of joint ownership—al-māl al-musya‘ and al-māl al-musytarak—are often confused despite having distinct legal bases and implications. This study aims to analyze and compare these two concepts through classical Islamic jurisprudence and examine their relevance in modern Islamic economic practices. Using a normative qualitative method and literature review of classical texts, fatwas, and modern case applications, the study finds that al-māl al-musytarak, formed through contracts, offers clarity and structure suitable for contemporary systems like musyarakah, Islamic crowdfunding, and productive waqf. In contrast, al-māl al-musya‘, which arises from non-contractual causes like inheritance or gifts, suits more traditional settings and requires collective consensus in its management. The study highlights the importance of understanding fiqh terminology accurately to ensure justice, clarity, and compliance in modern transactions.