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Title: Water Right in Islamic Law and Indonesia Legal System
Authors: Ija Suntana
DOI:
Aff: Lecterer of Islamic Political Science, Sunan Gunung Djati State Islamic University of Bandung, Indonesia
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Keywords: Islamic Water Law; Right of Use; Right to Cultivate
URLs: ABSTRACT-HTML  | FULLTEXT-PDF  | 
Abstract:Islamic law regards the presence of water is important. In fact, one of the basic technical terms in it
correlated with the water, the word shari'ah. In etymological sense, shariah is the path to the springs. As the
legal system, wich emerged in water scarce region, the Islamic law system should be made by the experts who
prioritize the presence of water as something that is used generally by the public for their lives and interest and
being considered as objects. There are number of fundamental problems in the Act No.7 of 2004, especially in
matters of water rights and control of water resources. The Act No. 7 of 2004 divides water rights into two
types, namely the right-to-use and right-to-cultivate, as stated in article 7, paragraph 1. Meanwhile, regarding
the acquisition, the Act No.7 of 2004 states that the state should relinquish control to another party. These two
issues become very important when associated with Islamic water law theory, especially in terms of water rights
and state authority in controlling water resources