TRADISI SILIAH JARIAH DALAM JUAL BELI TANAH HARTA PUSAKA RENDAH DI NAGARI KINALI PROVINSI SUMATERA BARAT

Nining Rahmadhani, S.H., NIM.: 22203011037 (2024) TRADISI SILIAH JARIAH DALAM JUAL BELI TANAH HARTA PUSAKA RENDAH DI NAGARI KINALI PROVINSI SUMATERA BARAT. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (TRADISI SILIAH JARIAH DALAM JUAL BELI TANAH HARTA PUSAKA RENDAH DI NAGARI KINALI PROVINSI SUMATERA BARAT) 22203011037_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (5MB) | Preview
	Text (TRADISI SILIAH JARIAH DALAM JUAL BELI TANAH HARTA PUSAKA RENDAH DI NAGARI KINALI PROVINSI SUMATERA BARAT) 22203011037_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf Restricted to Registered users only Download (5MB) | Request a copy

Abstract

This thesis examines the siliah Jariah tradition in buying and selling low-income land in Nagari Kinali, West Sumatra Province. This research departs from Ninik Mamak's authority to provide approval for the sale and purchase of low-income heritage land. Based on Ninik Mamak's authority, a tradition was born, namely siliah jariah. However, in practice there are variations in the implementation of the siliah Jariah tradition . This diversity is motivated by the absence of official regulations governing the implementation of the siliah Jariah tradition from either traditional institutions or the Nagari Government. Departing from this, this research wants to see how the siliah Jariah tradition is practiced in buying and selling low-lying inheritance land in Nagari Kinali, see the relationship between the determination of Siliah Jariah money and the authority of Ninik Mamak with Max Weber's theory of authority and see what the status of Siliah Jariah money is. from the perspective of sharia economic law. This type of research is field research . To answer the research question, the author uses a legal sociology approach with Max Weber's theory of authority and a sharia economic law approach with the Ujrah (wages) contract and gifts developed using a systems approach . The author analyzes whether the practice of siliah Jariah is included in the authority stated by Max Weber and analyzes the position of Siliah Jariah in the muamalah fiqh contract. This thesis uses qualitative methods, while in collecting primary data the author carried out observations and interviews. Meanwhile, the author obtained secondary data from various other sources to complete research needs. This research was conducted in Nagari Kinali, which was determined using random techniques . This research revealed that the practice of siiah Jariah in Nagari Kinali occurred under the authority of Ninik Mamak in granting approval for the sale and purchase of low-income inheritance. However, there are no official regulations either from traditional institutions or from the Regional Government that regulate the implementation of siiah Jariah. So that a variety of meanings emerge from Ninik Mamak and the community in carrying out the tradition of siiah Jariah. The authority possessed by Ninik Mamak is part of rational legal authority because it is regulated in West Sumatra Regional Regulation Number 2 of 2007 concerning Ninik Mamak's authority. Furthermore, the status of the siiah Jariah contains the provisions contained in the ujrah contract or visible wages from Ninik Mamak who receives the Siliah Jariah either by determining the number of Siliah Jariah or Ninik Mamak who does not determine the amount of Siliah Jariah. Meanwhile, the status of siliah Jariah as a gift contract can be seen from Ninik Mamak who did not receive Siliah Jariah. Because according to Ninik Mamak, who does not accept siliah Jariah , Ninik Mamak's authority in guarding inheritance should be exercised and should not be replaced with wages.

Share this knowledge with your friends :

Actions (login required)

View Item