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All Journal An Nawawi Jurnal Pengabdian Masyarakat dan Penelitian Thawalib
Lu’luul Karimah, Adhiyani
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Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PEMANFAATAN GADAI SAWAH DITINJAU DARI SEGI HUKUM ISLAM (DITELITI DI DESA CIJAKU KABUPATEN LEBAK BANTEN Lu’luul Karimah, Adhiyani
An Nawawi Vol 2 No 2 (2022): An Nawawi
Publisher : Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55252/annawawi.v2i2.23

Abstract

In Article 1150 of the Civil Code, a pawn is a right obtained by a person who owes money to a movable property, which is handed over to him by a debtor or by another person on his behalf, and which gives the debtor the power to take repayment of the goods. with precedence over other debtors; with the exception of the cost of auctioning the item and the cost that has been incurred to save it after the item has been mortgaged, which costs should take precedence. In this study, the authors conducted interviews with several parties in order to obtain information to support and complement the materials obtained by literature study. The interviews included informants who had practiced pawning the fields, ulama figures and Cijaku Village officials. Accompanied by distributing questionnaires for pawnbrokers and pawn recipients. From this research, it can be concluded that there is an invalidity in the contract, namely sighat, because at the time of ijab-qabul it is not stated when the pawn contract will end. It is invalid if the recipient of the pawn (murtahin) does not determine the time limit for the pawn, the continuous taking of the benefits of pawning the fields will result in losses for the pawning party (rahin).
Analisis Pemanfaatan Gadai Sawah Ditinjau Dari Segi Hukum Islam (Diteliti Di Desa Cijaku Kabupaten Lebak Banten) Lu’luul Karimah, Adhiyani
Jurnal Pengabdian Masyarakat dan Penelitian Thawalib Vol. 1 No. 2 (2022): Jurnal Pengabdian Masyarakat dan Penelitian Thawalib
Publisher : STAI Publisistik Thawalib Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (509.712 KB) | DOI: 10.54150/thame.v1i2.77

Abstract

In Article 1150 of the Civil Code, a pawn is a right obtained by a person who owes a debt to a movable property, which is handed over to him by a debtor or by another person on his behalf, and which gives the debtor the power to take full repayment of the goods in full. take precedence over other debtors; with the exception of the cost of auctioning the item and the costs that have been incurred to save it after the item has been mortgaged, which costs should take precedence. In the form of field pawning carried out in Cijaku Village, in general the pawning party borrows money or gold to the pawn recipient with a guarantee of paddy fields, for a period of time that is determined or not determined at all, during which the paddy fields are managed by the recipient of the pawn. Pawn fields are the results used by both parties. With a percentage that is generally 50%-50%. The nominal amount of the loan given by the pawnee to the pawnbroker is not adjusted to the area and condition of the land, but according to the agreement of both parties.
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