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TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PRAKTIK PENYEWAAN ULANG (SUB-LETTING) KAMAR KONTRAKAN: STUDI DI KELURAHAN SARDONOHARJO, YOGYAKARTA
The phenomenon of sub-letting rental rooms in Sardonoharjo Village, Yogyakarta, reveals new dynamics in student and newcomer housing practices. Economic constraints, high rental costs, and the fluctuating mobility of tenants encourage the primary tenant to rent out rooms to a third party, either with or without the landlord’s knowledge. This practice raises legal issues regarding the validity of agreements, the scope of parties’ responsibilities, and its conformity with the principles of contracts in Islamic law. Based on this phenomenon, the study formulates two main questions: how is the sub-letting of rental rooms practiced in Sardonoharjo, and how do positive law and Islamic law view this practice? The objective is to describe the ongoing practices on the ground and analyze them comparatively from the perspective of the Indonesian Civil Code (KUHPerdata) and the concept of ijārah in Islamic jurisprudence. This research is a field study with a normative-empirical approach. Primary data were obtained through in-depth interviews with landlords, primary tenants, and sub-tenants, complemented by direct observations of the ongoing practices. Secondary data were collected from legislation, civil law literature, fiqh texts, and relevant scholarly works. The data analysis employed a descriptive-analytical and comparative method, illustrating the practice factually and then comparing it with positive law provisions and Islamic legal principles to identify points of convergence and divergence. The findings indicate that sub-letting in Sardonoharjo is generally conducted informally and not always explicitly stated in the initial agreement. From the perspective of positive law, sub-letting is essentially permissible as long as it is not prohibited in the contract and does not cause harm to the landlord, as regulated in Article 1559 of the Civil Code. If there is a prohibitive clause, renting out without permission may be considered a breach of contract. In Islamic law, sub-letting falls under the utilization of usufruct rights (ijārah), which is generally allowed because the tenant has rights over the benefits of the leased object, provided that the initial contract conditions are not violated and the principles of trustworthiness (amanah) and justice are upheld. Thus, both legal systems emphasize the importance of consent, clarity of agreement, and responsibility as foundational elements for the legitimacy of sub-letting practices.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PRAKTIK PENYEWAAN ULANG (SUB-LETTING) KAMAR KONTRAKAN: STUDI DI KELURAHAN SARDONOHARJO, YOGYAKARTA (Text)
TINJAUAN HUKUM POSITIF DAN HUKUM ISLAM TERHADAP PRAKTIK PENYEWAAN ULANG (SUB-LETTING) KAMAR KONTRAKAN: STUDI DI KELURAHAN SARDONOHARJO, YOGYAKARTA (Other)
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