Ownership of Rights to Land Access to Citizen Perspective of Wahbah Az-Zuhaili


  • Fadilah Anisa Ritonga Faculty of Sharia and Law, State Islamic University of North Sumatra Medan
  • Cahaya Permata Faculty of Sharia and Law, State Islamic University of North Sumatra Medan




Ownership, Land, Access, Road Closure, Wahbah Zuhaili


Everything that exists in the heavens and the earth including the land in the Islamic view belongs to Allah SWT. But God gives authority to humans to manage and own it. A person's ownership of land gives him the power to interpret it. Ownership in Islam consists of private and public property rights, but neither is absolute. Because, in every property owned by a person there are other people's rights. Thus, one's ownership of land must carry out its social function. However, there are cases of landowners blocking access to and from local residents' houses on the basis of property rights. The purpose of this research is to find out the factors causing the closure of access in and out of the road, how it is regulated in Indonesia and how the concept of ownership of land rights which is access in and out according to Wahbah az-Zuhaili. This type of research is empirical juridical using a case approach (living case approaach) and conceptual approach (conceptual approach). Data were collected by interview, observation and document study methods. Then the data is processed with qualitative methods. The results of this study indicate that the closure of access in and out of the road that occurred in Kampung Bukit Kota Padangsidimpuan violated the concept of ownership in the form of milkiyah rights where the concept of land ownership in Islam has limitations, not all assets can be owned individually (individually), one of which is assets owned by have public utilities including roads. In accordance with the opinion of Wahbah az-Zuhaili, that a person's penance for his property should not cause harm to many people.



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Law Number 5 of 1960 Concerning Basic Agrarian Regulations (UUPA)

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Amru. ”Virals! Road access is closed to buildings, a number of residents in Sidimpuan are isolated and cannot leave their homes."Now Lens, February 14, 2022.https://lensakini.com/berita-pilihan/viral-akses-jalan-ditutup-bangunan-sejumlah-warga-di-sidimpuan-terisolir-dan-tidak-bisa-keluar-rumah/.

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Results of interviews with the Village Head and Kepling Wek II Kampung Bukit, Padangsidempuan City, on July 11, 2023, at the Padangsidempuan City Head Office.

The results of an interview with the mother with the initials R (one of the victims of the closure of access to and from the road in Bukit Village, Padangsidempuan City), on July 12 2023 in Bukit Village, Padangsidempuan City.