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APPLICATION OF THE SHIRKAH 'ABDĀN CONTRACT IN THE MANAGEMENT OF GARDENIA AND SAIJO HOMESTAYS IN BINTANG ACEH TENGAH DISTRICT Weta Rusma Rihlana; Abdullah, Arifin
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 6 No. 2 (2025): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v6i2.9177

Abstract

The rapid growth of the tourism industry in Central Aceh, particularly in Bintang District, has stimulated the emergence of alternative accommodation businesses such as homestays. Homestay Gardenia and Saijo exemplify the application of the syirkah 'abdān partnership system, a cooperative arrangement in which the parties contribute labour and expertise ('amal) rather than financial (māl). This study aims to analyze the implementation of the syirkah 'abdān contract in the management of Homestay Gardenia and Saijo, focusing on the form of cooperation, the profit-sharing mechanism, and its conformity with Islamic economic law principles. Using a qualitative method with a normative-empirical approach, the data were collected through interviews with homestay owners and managers, supported by a review of relevant Fiqh literature and previous research. The findings indicate that the cooperation practices at Homestay Gardenia and Saijo resemble the syirkah 'abdān contracts, where both parties contribute their respective expertise and effort to achieve shared benefits. Although the agreements are valid in principle, the absence of written contracts poses potential risks of gharar (uncertainty) and unequal accountability. Therefore, formalizing the agreement in written form is recommended to ensure transparency, fairness, and compliance with sharia principles. Overall, the implementation of syirkah 'abdān in homestay management demonstrates the relevance of Islamic partnership ethics in fostering community-based tourism enterprises that promote justice, sustainability, and mutual prosperity.
ANALYSIS OF ADDENDUM CONTRACTS ON SETTLEMENT CONSTRUCTION OF WTP CONSTRUCTION PROJECT IN ACEH TENGAH, ACCORDING TO THE CONCEPT OF IJARAH 'ALA AL-AMAL Alwafi Hafizhan Asza; Arifin Abdullah
Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah Vol. 7 No. 1 (2026): Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah
Publisher : Prodi Hukum Ekonomi Syariah, Fakultas Syariah dan Hukum, UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/al-mudharabah.v7i1.9697

Abstract

The construction of the Wastewater Treatment Plant (WWTP) in Aceh Tengah Regency is a strategic government project implemented through a construction service contract between the P2P Work Unit as the project owner and PT Meudang Pirak as the service provider. During its implementation, the project encountered various technical and non-technical constraints that resulted in contract changes through three addendum contracts. This condition raised legal issues regarding the validity of the addendum contracts under both positive law and the perspective of Islamic jurisprudence (fiqh muamalah), particularly within the framework of the ijārah 'ala al-'amāl contract. Therefore, the research problems of this study focus on the validity of the main contract and its addendums in the Aceh Tengah WWTP project and their conformity with the principles of ijārah 'ala al-'amāl. This study employs a qualitative method with a descriptive-analytical approach through library research by examining contract documents, statutory regulations, and relevant fiqh muamalah literature. The findings indicate that all addendum contracts implemented constitute legally valid contractual adjustments from administrative, juridical, and sharia perspectives, as they do not eliminate the pillars and conditions of the ijārah contract. Instead, the addendums function to maintain contractual continuity, ensure clarity of the work object, guarantee certainty of ujrah (wages), and realize the principles of justice and public benefit (maṣlaḥah). Accordingly, the main contract and its addendums in the Aceh Tengah WWTP project are deemed valid and consistent with both positive law and Islamic jurisprudence.