Journal of Sharia and Legal Science
Vol. 4 No. 2 (2026): Journal of Sharia and Legal Science

Praktik Penjaminan Kebun Karet dalam Perjanjian Pinjam-Meminjam Perspektif Akad Rahn

Dina Aulia (Fakultas Syariah dan Hukum, Universitas Islam Negeri Raden Fatah Palembang)
Yuswalina Yuswalina (Fakultas Syariah dan Hukum, Universitas Islam Negeri Raden Fatah Palembang)
Marzuki Marzuki (Fakultas Syariah dan Hukum, Universitas Islam Negeri Raden Fatah Palembang)



Article Info

Publish Date
31 Aug 2026

Abstract

This study analyzes the practice of pledging rubber plantations in loan agreements in Menanti Village, Kelekar District, Muara Enim Regency, and its compliance with the principles of Sharia Economic Law. This study uses a qualitative approach with field research methods through interviews with four informants involved in the lending and borrowing practices. The results show that the transactions are conducted informally based on trust, without written agreements and without witnesses. The rubber plantation is used as marhun, is under the control of the murtahin, and the results are utilized by the lender during the agreement period. In addition, there is an additional loan repayment that has been agreed upon from the beginning of the contract. From the perspective of Sharia Economic Law, this practice has fulfilled the main elements of the rahn contract, namely rahin, murtahin, marhun, marhun bih, and sighat. However, its implementation is not fully in accordance with Sharia principles due to the use of marhun by the murtahin, additional loan repayment, and unclear division of responsibility and risk of plantation maintenance. This finding shows that the suitability of the rahn contract is not only determined by the fulfillment of the main elements of the contract, but also by fairness in the use of marhun, the distribution of benefits and risks, and the debt repayment mechanism that is in accordance with the principle of prohibition of usury.

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Journal Info

Abbrev

JSLS

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family ...