Tinjauan Hukum Islam Terhadap Praktik Gadai Sawah Di Jorong Taratak Nagari Kubang Kecamatan Guguak Kabupaten Lima Puluh Kota

Aini, Safiratul (2022) Tinjauan Hukum Islam Terhadap Praktik Gadai Sawah Di Jorong Taratak Nagari Kubang Kecamatan Guguak Kabupaten Lima Puluh Kota. Other thesis, Universitas Islam Riau.

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Abstract

Pawn is to make an item that has the value of assets in the view of syara' as collateral for debt. In Islamic law it is said that murtahin may not use pawned goods, as contained in the hadith of the Prophet. In practice, the implementation of the pawn agreement in Jorong Taratak is murtahin able to take advantage of the objects guaranteed by rahin without an indefinite time limit. This practice can harm one party because the income earned by rahin is directly transferred to the murtahin. The formulation of the problem in this research are: (1) How is the practice of pawning with rice fields collateral in Jorong Taratak Nagari Kubang, Guguak District, Lima Puluh Kota Regency and (2) How is the Islamic law review of the practice of pawning with rice fields collateral in Jorong Taratak Nagari Kubang, Guguak District, Lima Regency Twenty Cities. The author uses empirical or sociological legal research methods, namely direct field research. The nature of this research is descriptive, that is, it provides an overview and analyzes statements clearly and in detail. Data collection tools through interviews and observations. In this field study, the data were then analyzed using qualitative methods with the deductive method of drawing conclusions used. Based on the results of the study that the implementation is not in accordance with Islamic law because when the contract takes place there are certain conditions that must be met by rahin so that the field can be accepted by the murtahin and in the implementation of the qabul consent agreed by both parties it is not clearly defined regarding the determination of the time limit or fall. debt repayment period. As for the use of the object of pawn according to Islamic legal theory, it is also inappropriate because the use of marhun carried out by murtahin contains elements of usury which is prohibited in Islamic law, because it is classified as borrowing and borrowing that brings benefits.

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