PEMANFAATAN HARTA WARISAN SAWAH SECARA BERGILIR STUDI KASUS DI KECAMATAN LABUAPI KABUPATEN LOMBOK BARAT

Ahmad Bahraen, NIM.: 21203011027 (2024) PEMANFAATAN HARTA WARISAN SAWAH SECARA BERGILIR STUDI KASUS DI KECAMATAN LABUAPI KABUPATEN LOMBOK BARAT. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to explore the problems motivated by the inheritance left by the heirs in the form of rice fields and not immediately divided after the heirs died, but the rice fields were utilised or cultivated in rotation by the heirs. The community in Labuapi Sub-district cultivates the inherited rice fields in rotation and takes the results according to their respective turns and in accordance with the agreement of the heirs. Furthermore, this research examines why the people of Labuapi use inherited land in rotation and analyses the sociological review of Islamic law on the use of inherited rice fields in rotation. This type of research is a field research that uses two main theories, namely structural functionalism theory and maslahah theory. Structural functionalism theory was proposed by Talcott Parsons, while maslahah theory was proposed by at-Tuffi. Within this theoretical framework, there is AGIL theory (Adaptation, Goal Attainment, Integration, Letency) and also maslahah theory. This dual approach shows the distinctive features of Islamic law from a sociological perspective and the principle of benefit. As a form of law, Islamic law cannot be separated from the influence of the surrounding social and cultural context. The methods of gathering information in this study involved interviews, documentation and desk research. The analysis of the review uses a deductive approach that begins by describing universal theories or facts, then concludes to explain the case in the field. The results of this study can be concluded that the practice of utilising inherited property in rotation only applies to inherited property in the form of rice fields. The process of implementing the agricultural land is not divided but used in rotation by the heirs, the practice of utilising inherited property can run depending on the agreement of the heirs and this practice is a type of benefit. Therefore, the practice of utilising inherited property in rice fields in rotation is very relevant in the use of maslahah and the sociological approach. The location of the benefit from the aspect of the welfare of the heirs will get the results of the rice field harvest in accordance with what is agreed upon by the heirs and avoid potential conflicts that may arise with fellow family members.

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