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Nur Ayza Syafitri
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Pelaksanaan Sewa Menyewa Tanah Harta Pusako Tinggi di Nagari Situjuah Batua Perspektif Fiqih Muamalah Nur Ayza Syafitri; Fajrul Wadi
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.v1i1.455

Abstract

The leasing of high-ranking ancestral land (tanah pusako tinggi) is commonly practiced in Situjuah Batua and often raises legal and religious issues concerning communal ownership rights. This study aims to examine the implementation of high-ranking ancestral land leasing and analyze it from the perspective of Islamic muamalah jurisprudence. This research employed a qualitative approach through field and library research. Primary data were obtained through interviews and observations involving niniak mamak and parties engaged in leasing agreements, while secondary data were collected from books, journals, and other relevant literature. Data were analyzed through data reduction, data presentation, and conclusion drawing. The findings show that the leasing of high-ranking ancestral land is frequently conducted without the consent of all heirs (kemenakan) and niniak mamak who collectively possess rights over the property. This practice occurs because some parties assume that their familial relationship to the land grants them sufficient authority to lease it independently. From the perspective of muamalah jurisprudence, such transactions do not fulfill the legal requirements of leasing jointly owned property, particularly the requirement of approval from all rights holders. Consequently, the leasing agreement is considered invalid and lacks legal legitimacy under Islamic law. The absence of collective authorization may lead to legal uncertainty and disputes regarding the management and utilization of high-ranking ancestral land within the community. Therefore, compliance with the principles of communal ownership and Islamic contract law is essential to prevent future conflicts.