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All Journal TAWASUT Indonesian Journal of Moderate Islam Wahana Akademika: Jurnal Studi Islam dan Sosial Wahana Akademika: Jurnal Studi Islam dan Sosial Otonomi Jurnal Pengabdian Kepada Masyarakat: Dimastika
Anwar, Rosikhan
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Religion Humanities Economics, Econometrics & Finance Education Social Sciences Other

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Journal : TAWASUT Indonesian Journal of Moderate Islam

 1 
LEGAL PROTECTION OF DEBTORS IN FISHING GEAR PROCUREMENT AGREEMENTS FROM A MAQASHID PERSPECTIVE SYARI'AH (Case Study on Bonang Fishermen, Demak) Anwar, Rosikhan; Syaifuddin, Muh.; Fatmawati, Siti Selviyah
TAWASUT Vol 11, No 1 (2024): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v11i1.9834

Abstract

This study aims to describe the problems and impacts of the procurement of fishing gear in the Bonang Subdistrict, Demak Regency community in terms of maqashid shari'ah. Efforts can be made to improve the fishing gear procurement agreement to comply with applicable laws. This research uses a legal sociology or empirical juridical research approach. The data collection techniques used are observation, documentation, and interviews. The results of this study indicate that Legal problems that occur in the fishing gear procurement agreement in Bonang Sub-District, Demak Regency, arise for several reasons: the debtor does not have capital, the deal is only made based on mutual trust, there is no black on white. The capital provider gets a share of 1 crew member every time the juragan goes to sea with the principal debt still the debtor's responsibility (juragan). The creditor does not want to because he will no longer receive a share of the crew when the debt is repaid. In addition, it often happens that when the jagan goes bankrupt and the fishing gear is sold, the debtor does not return the total amount of money, sometimes only 50 percent. Agreements in conventional law are regulated in Article 1320 of the Civil Code. Meanwhile, in Sharia economic law, the agreement leads to usury because an addition (mbageni) in the debt and credit agreement for procuring fishing gear is detrimental to the debtor. In the maqashid shari'ah perspective, some practices deviate from Islamic law in the form of additions (interest) in mbageni. This practice is more like a conditional debt detrimental to the debtor.
LEGAL PROTECTION OF DEBTORS IN FISHING GEAR PROCUREMENT AGREEMENTS FROM A MAQASHID PERSPECTIVE SYARI'AH Anwar, Rosikhan; Syaifudin, Muh
TAWASUT Vol. 12 No. 1 (2025): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v12i1.13506

Abstract

This study aims to describe the problems and impacts of the procurement of fishing gear in the Bonang Subdistrict, Demak Regency community in terms of maqashid shari'ah. Efforts can be made to improve the fishing gear procurement agreement to comply with applicable laws. This research uses a legal sociology or empirical juridical research approach. The data collection techniques used are observation, documentation, and interviews. The results of this study indicate that Legal problems that occur in the fishing gear procurement agreement in Bonang Sub-District, Demak Regency, arise for several reasons: the debtor does not have capital, the deal is only made based on mutual trust, there is no black on white. The capital provider gets a share of 1 crew member every time the juragan goes to sea with the principal debt still the debtor's responsibility (juragan). The creditor does not want to because he will no longer receive a share of the crew when the debt is repaid. In addition, it often happens that when the jagan goes bankrupt and the fishing gear is sold, the debtor does not return the total amount of money, sometimes only 50 percent. Agreements in conventional law are regulated in Article 1320 of the Civil Code. Meanwhile, in Sharia economic law, the agreement leads to usury because an addition (mbageni) in the debt and credit agreement for procuring fishing gear is detrimental to the debtor.
Co-Authors Ahmad Tantowi Ali Maskur, Ali Maskur Amin Prayitno Arief Budiman, Achmad Arief Budiman Fatmawati, Siti Selviyah M. Faza Hamdan Rois Moch Tolkhah Danial Putri Sarsono, Ismei Affianny Resha Zulfuaedah, Resha Zulfuaedah Rintono Safaatun Hidayah SARIFUDIN Sudariyati Syaifuddin, Muh. Syaifudin, Muh