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All Journal Al-'Adalah El-Hekam : Jurnal Studi Keislaman Ikhtisar: Jurnal Pengetahuan Islam Jurnal Integrasi Ilmu Syariah (Jisrah) Jurnal El-Thawalib El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Journal of Artificial Intelligence and Digital Business Journal of Indonesian Probation and Parole System Jurnal El-Thawalib
Yunarti, Sri
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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Journal : Jurnal Integrasi Ilmu Syariah (Jisrah)

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Realizing Justice in Agricultural Practices in Islamic Law: A Study of Hybrid Contract in Gulo Onou Production Rahmat, Aditya; Yunarti, Sri; Warman, Arifki Budia
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13746

Abstract

This study analyzes the practice of contracts and the distribution of income in the production of Gulo Onou in Nagari Batu Bulek from the perspective of fiqh muamalah. The study aims to answer the research questions regarding the practices of contracts and income distribution in the production of Gulo Onou in Nagari Batu Bulek and how fiqh muamalah analyzes these practices. Through field research with interviews, it was found that the cooperation between the owner of the Onou tree and the caretaker of the Onou tree met the conditions of the Musaqah contract. This includes the involvement of two parties—the owner of the Onou tree and the caretaker—an oral agreement, and the object of the contract, which is the Onou tree. The musaqah practice in question is a contract in which the landowner hands over the land to be managed by the caretaker. The income from the production of Gulo Onou is shared according to the mutually agreed terms, which are 40% for the landowner and 60% for the caretaker. A problem arises during the fourth harvest when the landowner requests an equal division, but the caretaker disagrees, feeling that the new arrangement is unfair. Based on the fiqh muamalah analysis, the caretaker is entitled to a larger share of the income because they contribute more in terms of labor, which justifies a higher reward. Therefore, the implementation of income distribution in the cooperation between the landowner and the caretaker in the production of Gulo Onou is in accordance with fiqh muamalah and permissible in Islam, as it fulfills the principles of justice in the contract and profit-sharing.
Rechtsvacuum in Regional Regulations: Addressing the Gap in Tanah Ulayat Governance Vena, Lymchya Nora; Yunarti, Sri; Octavia, Nurul Aini; Fitri, Hidayati
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13752

Abstract

The main issue discussed in this thesis is the rechtsvacuum in the protection of Tanah Ulayat rights in Nagari Palangki, Sijunjung District, and the implementation of West Sumatra Provincial Regulation No. 6 of 2008 in this area. The objective of this study is to explain and analyze the rechtsvacuum in the local government’s handling of customary land rights protection, as well as the application of the regulation regarding the utilization of customary land in Nagari Palangki. This research uses a field study approach with a normative and juridical-empirical analysis. The research findings indicate that a rechtsvacuum occurs when there is no regulation to address a specific case or event, creating uncertainty in the application of legal norms. In Nagari Palangki, the rechtsvacuum manifests in the lack of specific regulations regarding government buildings on customary land, leading to issues for future generations of the Kalumpang tribe, who are unable to clearly assert their rights. Furthermore, the implementation of West Sumatra Provincial Regulation No. 6 of 2008 has not been effective in Nagari Palangki. Based on the regulation, concrete steps to address this rechtsvacuum include the recognition of customary land rights, the formulation of local regulations, the empowerment of the Nagari community, and the resolution of land disputes.
Co-Authors Dahlial, Fauzi Elimartati Elimartati Farfan, Afnil Farida Arianti Fitri, Hidayati Husna Rita kasmidin, kasmidin Marwan, Syaiful Maulana, Ramza Fatria Nofialdi Nofialdi Nofialdi, Nofialdi Octavia, Nurul Aini Putra, Rian Monda Raflis, Aullya Rahmat, Aditya Sikumbang, Indra Vena, Lymchya Nora Warman, Arifki Budia