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Tita Aulia
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Fiqh Muamalah terhadap Perjanjian Bagi Hasil dalam Gadai Sawah di Dharmasraya Tita Aulia; Beni Firdaus
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.368

Abstract

This study aims to analyze the profit-sharing agreement in paddy field pawn practices in Kenagarian Sungai Dareh, Dharmasraya Regency, and to examine the practice from the perspective of fiqh muamalah. The study was motivated by the existence of paddy field pawn transactions in which the pledgee receives a share of the harvest while the land remains cultivated by the pledger, raising questions regarding their conformity with Islamic law principles. This research employed field research using a descriptive qualitative approach supported by library research. Data were collected through interviews and observations involving pledgers and pledgees and were analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that the pawn agreement is generally conducted orally using a profit-sharing system in which the pledgee receives one-third of the harvest until the debt is fully repaid. This practice is influenced by economic needs, kinship relations, and limited access to financial institutions. From the perspective of fiqh muamalah, the practice is considered inconsistent with sharia principles because the pledgee derives benefits from the pledged property and because it combines rahn and muzara'ah contracts without a clear separation between the two agreements. This study contributes to the development of Islamic economic law scholarship, particularly concerning pawn and profit-sharing practices in rural communities.
Co-Authors Beni Firdaus