Water Right in Islamic Law and Indonesia Legal System

Ija Suntana, Ija (2012) Water Right in Islamic Law and Indonesia Legal System. Advances in Natural and Applied Sciences, 6 (3). pp. 331-334. ISSN 1995-0772

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Abstract

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.

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