TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK PENGGARAPAN TANAH DENGAN SISTEM MOPONG DI KECAMATAN JAWAI KABUPATEN SAMBAS

WIWIN ANDINI, S.H., NIM. 19203010035 (2021) TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK PENGGARAPAN TANAH DENGAN SISTEM MOPONG DI KECAMATAN JAWAI KABUPATEN SAMBAS. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The term mopong means opening, which means a cooperative activity between land owners and cultivators in the form of land management without any remuneration. The period of time is determined by the land owner. In utilizing the soil with a mopong system, the cultivators spray, burn, and hoe. However, in land management by burning land, it is no longer allowed. Thus many cultivators terminate the agreement before the time of the agreement before the time of the agreement expires. The process of cultivating the land with the mopong system, the cultivator manages the land in stages. For exampel, in one hectare, half a hectare is done first. After the land is clean before the end of the agreement the land owner takes the land. The study uses an empirical juridical approach. The causes of land cultivation with the mopong system in terms of Islamic law and positive law. This study uses the theory of urf according to Musthafa Dib al-Bugha and also the theory of the rule of law according to Friedrich Julius Stahl. The results of this study indicate that the cultivation of land with the mopong system that applies in the Sarang Burung Danau village in the perspective of Islamic law, the activity of cultivating the land with the mopong system does not contain elements that are contrary to Islamic law. Cultivation of land with the mopong system is implemented based on the agreement ada permission of the land owner. So that it can be embedded in mutual respect, mutual trust, mutual willingness between land owners and cultivators and help each other without anyone feeling disadvantaged. Cultivation of land with the mopong system is included in urf sahih. Based on positive law, the activity of cultivating land with the mopong system is a valid agreement because it has fulfilled the subjective and objective requirements and created an achievement that is not prohibited by law.

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