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All Journal Journal of Sharia and Legal Science
Dina Aulia
Fakultas Syariah dan Hukum, Universitas Islam Negeri Raden Fatah Palembang
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Praktik Penjaminan Kebun Karet dalam Perjanjian Pinjam-Meminjam Perspektif Akad Rahn Dina Aulia; Yuswalina Yuswalina; Marzuki Marzuki
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i2.2310

Abstract

This study analyzes the practice of pledging rubber plantations in loan agreements in Menanti Village, Kelekar District, Muara Enim Regency, and its compliance with the principles of Sharia Economic Law. This study uses a qualitative approach with field research methods through interviews with four informants involved in the lending and borrowing practices. The results show that the transactions are conducted informally based on trust, without written agreements and without witnesses. The rubber plantation is used as marhun, is under the control of the murtahin, and the results are utilized by the lender during the agreement period. In addition, there is an additional loan repayment that has been agreed upon from the beginning of the contract. From the perspective of Sharia Economic Law, this practice has fulfilled the main elements of the rahn contract, namely rahin, murtahin, marhun, marhun bih, and sighat. However, its implementation is not fully in accordance with Sharia principles due to the use of marhun by the murtahin, additional loan repayment, and unclear division of responsibility and risk of plantation maintenance. This finding shows that the suitability of the rahn contract is not only determined by the fulfillment of the main elements of the contract, but also by fairness in the use of marhun, the distribution of benefits and risks, and the debt repayment mechanism that is in accordance with the principle of prohibition of usury.
Co-Authors Marzuki Marzuki Yuswalina Yuswalina