TRADISI NYANDAK MASYARAKAT SASAK DALAM PERSPEKTIF FIQH MU’AMALAH

Musawar, Musawar ( Institut Agama Islam Negeri (IAIN) Mataram)

JURNAL PENELITIAN KEISLAMAN
Vol 7, No 2 (2011): (Juni)

This article discusses sandak, a common tradition of muamalah (Islamic transaction) among the Sasak in Lombok. The tradition constitutes a model of transaction that contains commercial and economic value where the creditor takes over the debtor’s land or rice field as a secure deposit. There is no exact equivalent term for sandak in Islamic law, and yet it can still be classified as sale, lease and crop sharing which is clearly part of mua’malah. However, seen from the concept of al-rahn (mortgage), al-qarld (loan/lease) and al-riba (interest), sandak is legally problematic because some aspects of it are forbidden. To avoid being trapped in an illegal transaction, the Sasak, who mostly follow the Shafi’ite School, tend to be flexible by adopting the Hanafite school which is believed to be more accommodative to this tradition than the first school. There are two models of sandak. First, the creditor takes benefits of the secure deposit such as the rice field or garden upon the debtor’s approval, a practice permitted by the Hanafite. Second, the parties involving in this transaction use the principle of ba’y al-wafa’, that is transaction to fulfill human’s need, arguing that the need may elevate emergency.