TINJAUAN HUKUM ISLAM TERHADAP UTANG PIUTANG DENGAN PEMBAYARAN MENGGUNAKAN PANENAN SAWIT ( STUDI KASUS DI DESA TELUK PIYAI PESISIR KECAMATAN KUBU KABUPATEN ROKAN HILIR)

Azkiyatunnisak, NIM.: 18103080086 (2023) TINJAUAN HUKUM ISLAM TERHADAP UTANG PIUTANG DENGAN PEMBAYARAN MENGGUNAKAN PANENAN SAWIT ( STUDI KASUS DI DESA TELUK PIYAI PESISIR KECAMATAN KUBU KABUPATEN ROKAN HILIR). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Many of the people of Teluk Piyai Pesisir Village have oil palm plantations, from time to time the garden produce is used as a debt payment. During the agreement, all harvests are handed over to the lender with annual payment terms according to the agreement. The return of this debt contains speculation, because it is known that the total weight and income from the harvest cannot be ascertained whether, as usual, it is less or even more due to several factors. So in these payments it is necessary to know whether the implementation and the contract are in accordance with the provisions of Islamic law or not. The type of this research is field research. the nature of qualitative research with an approach to the study of Islamic law. The subjects of this research are borrower/lender informants. The object is a contract of debt repayment using palm harvest. Primary data sources through direct interviews with borrowers, lenders and those related to these debts. Secondary data was taken from various opinions of scholars, fiqh books, journals and other relevant written sources. The results of the study found that debts and receivables with payment using the harvest of palm oil have all been carried out, namely the existence of the parties, the goods lent and the consent granted. Then the terms of the qarḍ contract are that the parties are legally competent and the contract is carried out voluntarily, the qarḍ object can be measured / measured and has property value and can be utilized. However, according to the majority of scholars, it is not permissible because of religious texts, so as not to fall into usury which is forbidden. As well as repaying debts that contain elements of maysir which cause gains and losses are also not justified. As well as the use of objects that have not been seen, namely the harvest of palm oil, including gharar which is forbidden. The profit earned on these debts includes usury even though it is an agreement between the two parties, because the excess is required at the beginning of the agreement, namely for loan services.

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