Tinjauan Terhadap Praktek "Paghajak" Pohon Durian Dari Prespektif Hukum Islam (studi Kasus Di Desa Terantang Kecamatan Tambang Kabupaten Kampar)

Sartika, Sartika (2020) Tinjauan Terhadap Praktek "Paghajak" Pohon Durian Dari Prespektif Hukum Islam (studi Kasus Di Desa Terantang Kecamatan Tambang Kabupaten Kampar). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The lease agreement is a form of Fiqh Muamalah that is mandated by Allah SWT. To each other to help each other to help fellow human beings in seeking sustenance. Lease lease decision-making of the object for rent without reducing its substance by way of replacement. The terms of the validity of the lease in Islamic law must be fulfilled and the valid conditions of the lease promise. one pillar and the conditions are not fulfilled then the agreement is invalid. The implementation of the "Paghajak" lease agreement that occurred in Terantang village, Tambang Subdistrict, Kampar Regency, conducted a rental transaction for renting durian trees that had no visible benefits. In Islamic law the practice of renting like this is illegal, because it contains elements of gharar (obscurity). If the terms of the lease are not fulfilled, the lease is invalid. The problem of this research is how is the implementation of "paghajak" durian tree in Terantang village, Tambang district, Kampar district and how the main review of Islamic Law Perspectives on the practice of "paghajak" durian trees in Terantang village, Tambang district, Kampar district. The research method used in this study is to use observational research, with interview data techniques, namely interviews and interviews. Judging from the nature of this research is a descriptive study that provides a detailed and clear picture of the main research problems. The results of this research discussion. The results of the discussion of this research are the practice of renting coconut trees in the village of Terantang, Tambang District, Kampar Regency, from the provisions of Islamic law it contains elements of ghar (obscurity), because in its implementation in the field the object in the agreement contains ambiguity which can harm one of the parties and also does not fulfill the conditions. the validity of renting a lease whose benefits are not clearly visible and is prohibited by Islamic law. This resulted in the invalidation of the lease agreement and resulted in harm.

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