Faith Meets Formulation: Dissecting Property Dynamics Through Tahdid al-Milkiyyah, Intiza' al-Milkiyyah, and Malaysia’s Land Acquisition Law

Abstract

This study critically analyses the Land Acquisition Act 1960 of Malaysia (Act 486) through the lens of Islamic principles, specifically focusing on tahdid al-milkiyyah (limitation of ownership) and intiza’ al-milkiyyah (expropriation of ownership), employing a qualitative methodology grounded in grounded theory. To ensure validity, data from diverse sources were triangulated. The research reveals a nuanced relationship between the Act 486 and Islamic legal principles, centred around the concept of public interest. Notable case studies, such as land acquisitions under the Federal Land Development Authority (FELDA), were examined to delineate the profound cultural and socio-economic repercussions of these legal interventions. Although Act 486 predominantly aims to serve the public good, it diverges notably from several Islamic concepts of property rights, pinpointing a legislative gap. There is a pronounced absence in the Act regarding the protection of essential needs and ensuring beneficence, which are core to Islamic doctrine. The discrepancies underscored suggest an urgent need for legislative reform to align the Act more closely with the maqasid al-shari'ah (the objectives of Islamic law), which seeks to preserve the welfare of the people, encompassing socio-cultural integrity alongside economic development. This study contributes to a deeper understanding of land acquisition laws, advocating for a legal framework that harmonizes statutory regulations with Islamic ethical principles, fostering an environment that supports economic advancement while respecting socio-cultural ethos. Future research should explore the practical impacts of proposed legislative changes, engage multidisciplinary perspectives, and extend these insights to analyse the applicability in similar legal and cultural contexts, thereby broadening the discourse on integration between secular laws and Islamic principles.