EKSISTENSI BAITUL QIRADH GALA TERHADAP PRAKTIK GADAI SAWAH DI ACEH BARAT DAYA PERSPEKTIF MAQASHID SYARIAH

ZULFAHMI, S.H, NIM. 19203010072 (2021) EKSISTENSI BAITUL QIRADH GALA TERHADAP PRAKTIK GADAI SAWAH DI ACEH BARAT DAYA PERSPEKTIF MAQASHID SYARIAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Gala is a muamalah practice that is often done by the people of Aceh from the past. The system is almost the same as the concept of rahn or sharia pawning. By definition, gala has the same meaning as rahn, namely holding assets as collateral for debts given to pawners, it's just that the gala system or often referred to as traditional pawning is different from the rahn concept in general, where in the rahn concept, the owner of the property who pawns his property can still take the benefits of the property, but in the gala contract the property that has been pawned by custom will be utilized by the financier so that the galaan property cannot be used by the owner as long as the debt is still not paid off. Gala often occur in agricultural objects, especially rice fields, in Aceh, especially Southwest Aceh, is an area where the majority of the population works as farmers, so this practice of gala often occurs in the community. This practice is clearly not in accordance with the Islamic concept which forbids the perpetrators to do injustice to other people's property. However, because there are no other alternatives that make it easier for farmers, those who need fixed funds are forced to do the gala practice. Therefore, the Southwest Aceh Regency government to overcome these problems established an institution that provides services for farmers who want to cultivate their fields but with a system that is in accordance with Islam, namely the farmers who have been cultivating their fields can still work on and take advantage of their harvests. The type of research used is field research using an Islamic legal philosophy approach or ushul fiqh. While the data analysis method uses descriptive analytic methods that describe the facts that exist in the existence and implementation of the Baitul Qiradh Gala and analyze or describe carefully and directed in an effort to evaluate the existence of the Baitul Qiradh Gala. The results of the study show that first, the practice of gala that occurs in Acehnese society is widely carried out, especially in Southwest Aceh Regency. The practice of gala is not in accordance with Islamic principles because of injustice and injustice. Second, the existence of baitul qiradh gala is a solution for farmers who want to cultivate their fields but the rice fields can still be used properly by farmers. Third, baitul qiradh gala is an institution that provides welfare for farmers by keeping assets intact and can be utilized by their owners, maintaining religion where the practice of helping to help should be carried out without injustice.

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