Tinjauan Fiqh Muamalah Terhadap Akad ‘Ariyah dalam Pembagian Software

Abstract

Abstract The purpose of this study was to determine the implementation of the distribution of software from lecturers to students, whether there were copyrights that were violated, and review from copyright and fiqh muamalah perspective. This research uses a qualitative method with a phenomenology approach. Data collection was carried out through interviews with informants. The result of this research is that there is three software distributed by lecturers. According to copyright, only Scene Builder is allowed to be duplicated. According to fiqh muamalah, the contract used in software distribution is the 'ariyah contract. The terms and pillars of the 'ariyah contract in the distribution of software have met the sharia except for SQLyog and Matlab which do not meet the requirements as the owner of the loan item or has permission to duplicate the loan item from the owner. At the end of the 'ariyah contract, the students do not return the software to the lecturer who makes the 'ariyah contract not expire. According to fiqh experts, the contract used in software distribution is not an 'ariyah. Because the 'ariyah contract is a loan agreement whose goods must be returned to mu’ir. This distribution is more appropriate when using benefit hibah contract.