GADAI SYARIAH LAHAN PRODUKTIF (Studi Kasus Di Desa Prancak Kecamatan Pasongsongan Kabupaten Sumenep)
Abstract: This article is
derived from 2 (two) research focuses, they are: firstly, how is the system of
syariah pawning/security of productive land at Prancak village, Pasongsongan
district, Sumenep regency? Secondly, how is the legal status of syariah pawning
of productive land at Prancak village, Pasongsongan district, Sumenep regency
from the perspective of syariah economy? The research result shows that (1) the
pawning practice, done in at Prancak village, Pasongsongan district, Sumenep
regency, has been completed from person to person (personal relationship) to
help each other. The form of credit has been converted into value of things
(gold and fertilizer) to protect and anticipate the value of credits form
inflation since there is no time limitation during the transaction. This is
considered as legal practice as far as it is not aimed at taking any advantages
from murtahin side against the rahin side.
(2) The legal status of syariah pawning of productive land at Prancak
village, Pasongsongan district, Sumenep regency from the perspective of syariah
economy has fulfilled the Islamic law. However, there remains imperfectness in
the process of transaction because rahin does not provide the land certificate
as the legal document toward the murtahin. From the view point of the use of
syariah pawning of productive land at Prancak village, Pasongsongan district,
Sumenep regency, it is cultivated by the rahin but it is collectively managed
by both rahin and murtahin. The former is responsible for the cultivation and
the latter is responsible for the operating cost, and there has been a profit
sharing of the harvest. This practice is legal from the perspective of Islamic
law since both sides are in mutual profit sharing and rahin is still able to
function the pawning.
Penulis: Fadllan
Kode Jurnal: jpperadabanislamdd160123
