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Praktik Sanda sebagai Akad Gadai dan Tinjauannya dalam Hukum Islam Mega Dini; Hendra Karunia Agustine; Eka
AL-MASHALIH (Journal of Islamic Law) Vol. 7 No. 1 (2026): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v7i1.411

Abstract

Sanda is a form of pawn transaction practiced by the community of Cinangka Village, Serang Regency, Banten Province. In this practice, the lender obtains benefits from the collateral pledged by the borrower while the debt remains unpaid. Furthermore, if the borrower fails to redeem the debt, the collateral in the form of agricultural land is transferred to the lender as debt settlement, resulting in a transfer of ownership. This study aims to analyze the mechanism of sanda as a pawn contract and examine its conformity with the principles of Islamic law. The research employs a qualitative method combining field research and library research. Data were collected through interviews, documentation, and literature studies from relevant books and scholarly articles. The findings reveal three main issues in the implementation of sanda. First, the absence of a clearly determined repayment period at the time of the contract. Second, the utilization of the pledged property by the lender without proportional compensation. Third, the provision that the collateral may be used as debt repayment if the borrower fails to settle the debt, even when the value of the collateral exceeds the amount owed. From the perspective of Islamic law, the practice of sanda is not fully consistent with the principles of rahn (Islamic pawn). The ambiguity regarding the repayment period contains elements of gharar (uncertainty), the utilization of collateral by the pledgee is impermissible when the benefits received are disproportionate to the costs incurred, and the transfer of ownership of the collateral as debt settlement contradicts the principle of justice because collateral serves merely as security for debt rather than as a means of repayment. Therefore, the practice of sanda in Cinangka Village requires adjustment to align with the principles of Islamic law.
Pemberian Hak Asuh Anak Belum Mumayiz Kepada Ayah Pasca Perceraian dalam Perspektif Hukum Islam Nisrina Maitsa Zakiyyah; Eka; Hendra Karunia Agustine
El 'Ailaah Vol 5 No 1 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i1.364

Abstract

Custody of a child who has not yet reached the age of discernment (mumayyiz) after divorce is not always granted to the mother if the judge of the Religious Court has a different opinion. In some cases, the father can obtain custody even though the mother is still present. Such is the case in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, where the panel of judges granted custody of the first child, aged 11, to the father, despite no specific reasons being found during the trial to indicate that the mother was unfit to hold custody. The purpose of this research is to find out why custody of a non-mumayyiz child after divorce was granted to the father in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr, as well as to analyze it from the perspective of Islamic law. This study uses a qualitative method with a descriptive approach and a case study design. The analysis was conducted by reducing data, presenting data, and drawing conclusions. The results of the study show that the granting of custody of a non-mumayyiz child to the father after divorce in the Religious Court of Sumber Decree Number 2083/Pdt.G/2023/PA.Sbr was due to the child’s closer emotional bond with the father, as the child had been cared for by the father for some time. In Islamic law, as long as the mother is still alive and fit to care for the child, she is more entitled to custody. However, in this case, the judge considered the specific circumstances, so granting custody to the father was deemed in line with the primary goal of hadlanah, which is to uphold the child’s best interests and welfare.