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The Construction of Siyasah Syar^iyyah in the Implementation of People^s Housing Savings as Fulfillment of the Right to Housing
Fariz Farrih Izadi, Abdul Rohman, Ahmad Faizal Adha, Rismawati Putri, Siti Julaeha

Universitas Islam Bandung


Abstract

The right to housing constitutes a human right, hence imposing an obligation on the state to safeguard, honour, and actualise it. Article 8 of Law No. 39 of 1999 on Human Rights explicitly delineates the state^s duty to defend, promote, enforce, and fulfil human rights as its primary responsibility. To address its responsibility to provide adequate housing for the populace, the Government, in conjunction with the DPR, promulgated Law Number 4 of 2016 about People^s Housing Savings (UU Tapera). The challenge of securing adequate and cheap housing has become significant, particularly for low-income areas. TAPERA provides a solution for housing requirements in alignment with sharia principles and maqasid al-shariah. This research aims to examine TAPERA as a manifestation of siyasah syar^iyyah in ensuring the right to adequate and affordable housing for the community, particularly for Civil Servants (ASN). The methodology employed is qualitative descriptive analysis, incorporating a review of literature and pertinent legislation. The research findings indicate that TAPERA is structured to fulfil the maqasid al-shariah, which aim to safeguard religion, life, intellect, lineage, and property. This program enables public officials to acquire a home through regular savings, which may solely be utilised for housing financing and/or refunded after the participation period concludes. TAPERA further promotes equitable socio-economic development in alignment with the principles of Islamic economics. APERA constitutes an efficacious application of siyasah syar^iyyah in addressing the housing rights of the Indonesian populace, particularly for ASN, while being compliant with the principles of sharia and maqasid al-shariah.

Keywords: People^s Housing Savings, Siyasah Syariyyah, Right to Housing, Human Rights

Topic: Law and Ethics in Terms of Islamic Perspective

Plain Format | Corresponding Author (Fariz Farrih Izadi)

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