TAWASUT Indonesian Journal of Moderate Islam
Vol 11, No 1 (2024): JURNAL TAWASUT

LEGAL PROTECTION OF DEBTORS IN FISHING GEAR PROCUREMENT AGREEMENTS FROM A MAQASHID PERSPECTIVE SYARI'AH (Case Study on Bonang Fishermen, Demak)

Anwar, Rosikhan (Unknown)
Syaifuddin, Muh. (Unknown)
Fatmawati, Siti Selviyah (Unknown)



Article Info

Publish Date
28 Jun 2024

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.

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Journal Info

Abbrev

TWS

Publisher

Subject

Religion Humanities Education Social Sciences

Description

Indonesian Journal of Moderate Islam TAWASUT is a biannual peer-reviewed journal published in May and November by Postgraduate Program Wahid Hasyim University Semarang It is a multi disciplinary publication dedicated to promote Islam as raimatan li’alamin that spreads peace and tolerance. This ...