GADAI SAWAH TANPA BATAS WAKTU DENGAN KONVERSI HARGA EMAS PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI DESA SILEBU KECAMATAN KRAGILAN KABUPATEN SERANG)

Acih Lestari, NIM.: 19103080068 (2023) GADAI SAWAH TANPA BATAS WAKTU DENGAN KONVERSI HARGA EMAS PERSPEKTIF HUKUM ISLAM (STUDI KASUS DI DESA SILEBU KECAMATAN KRAGILAN KABUPATEN SERANG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

One form of implementing the practice of pawning rice fields is in Silebu Village, Kragilan District, Serang Regency. Pawning practices in Silebu Village are basically debts which are then used as collateral for rice fields. In this pawn practice, usually the use of rice fields is carried out by the pawnbroker without any profit sharing with the pawnbroker. In addition, the implementation of pawning is also carried out without a definite time limit. Repayment of mortgage debt is based on the ability of the mortgagee to repay the loan. Therefore, as long as the pawnbroker cannot repay the debt, it will certainly have an impact on the protracted use of the rice fields by the pawnbroker. This research is reviewed from the perspective of „urf‟ or adat which has been carried out among the village community whether it is in accordance with the provisions in „urf‟ which are justified in Islamic law or not. The purpose of this research is to clearly describe the problems related to the implementation of pawning rice fields in Silebu Village, to be studied and analyzed in the perspective of Islamic law. With the aim of knowing a clear legal status regarding the implementation of pawning rice fields and also knowing the perspective of Islamic law on: 1) Pawning rice fields in Silebu Village; 2) Utilization of mortgage collateral. This thesis is a field research (field research) and library research using a qualitative descriptive research type. In collecting data this research uses an empirical juridical approach. Source of data obtained from primary data and secondary data. The data collection methods used are interviews, observation and documentation. The results of the study show that in practice the implementation of rice field pawn transactions in Silebu Village as a whole has not been completed with the rules of Islamic teachings. The practice of pawning without a time limit that results in the pawning going on for years causes the lack of clarity in the pawn contract. In addition, murtāhin (pledge recipient) takes advantage of the paddy fields that are used as collateral without profit sharing between rāhin and murtāhin. If this practice is carried out for years, then the longer the murtāhin takes advantage of the mortgaged field, this will certainly cause one of the parties to be harmed, namely the rāhin .

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