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All Journal Zabags International Journal of Islamic Studies
Hasna Dewi
Institut Islam Al-Mujaddid Sabak (IIMS) Tanjung Jabung Timur, Indonesia
Religion Economics, Econometrics & Finance Education Social Sciences Other

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An Islamic Legal Review of Fixed-Tariff Fishing at Kasdi Fishing in Rano Village Rini Indriyani; Nilfatri; Siti Fatimah; Kurniawan; Triyana Wulandari; Hasna Dewi
Zabags International Journal of Islamic Studies Vol. 2 No. 2 (2025): Islamic Studies
Publisher : Zabags Qu Publish

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61233/zijis.v2i2.44

Abstract

This study examines the practice of fixed-tariff recreational fishing at Kasdi Fishing in Rano Village from the perspective of Islamic law, focusing on the applicability of the ijarah contract and the prohibitions against gharar and maisir. The phenomenon where anglers pay an upfront fee without prior knowledge of catch outcomes raises questions about fairness and contractual certainty. The primary aims are to describe the tariff system in place and to assess its conformity with muamalah principles. A qualitative field approach was employed, using semi-structured interviews, direct observation, and documentation involving the owner, visitors, community leaders, and religious authorities. Findings indicate that the upfront fee functions as a payment for the right to use facilities and time (a service-oriented ujrah), rather than as a wager on catch results; the uncertainty inherent in possible zero catch is considered a normal, light degree of risk and does not amount to major gharar or to maisir when transactions are transparent and consented. The study contributes to contemporary fiqh muamalah by extending the practical application of ijarah to recreational fisheries and by offering a service-contract model that aligns commercial practice with Islamic contractual ethics.
An Islamic Law Review of Conditional Debt Practices Between Collectors and Fishermen Kamisatun; Nilfatri; Hasna Dewi; Kurniawan; Zeni Sunarti; Reza Okva Marwendi
Zabags International Journal of Islamic Studies Vol. 2 No. 2 (2025): Islamic Studies
Publisher : Zabags Qu Publish

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61233/zijis.v2i2.46

Abstract

This study examines conditional debt practices between collectors (fish buyers) and fishermen in Tanjung Solok Village, Kuala Jambi Subdistrict, a traditional economic relationship rooted in urgent livelihood needs yet prone to contractual inequities from an Islamic law perspective. The primary objective is to analyze how these conditional lending arrangements are executed and to assess their validity under Islamic legal principles. Employing a qualitative socio-legal (legal empiricism) approach, the research integrates field data collected through interviews, direct observation, and documentary review with normative analysis grounded in muamalah theory and contemporary contract principles in Islamic finance. Findings reveal that transactions are predominantly oral, lack written agreements or formal witnesses, and commonly impose a requirement to resell catches to the collectors at prices below prevailing market rates, producing a structural imbalance in bargaining power. Normative analysis indicates that such practices conflict with the Islamic tenets of contractual clarity, distributive justice, and the prohibition of exploitative gains. The study contributes empirically and conceptually to Islamic legal scholarship by bridging muamalah theory and ground-level practice, and it offers a foundation for community-level syariah-compliant interventions and policy measures to protect economically vulnerable fisher cohorts.
Co-Authors Kamisatun Kurniawan Nilfatri Reza Okva Marwendi Rini Indriyani Siti Fatimah Triyana Wulandari Zeni Sunarti