Maqasid Forum
Vol. 1 No. 1 (2026): March 2026

Pelaksanaan Sewa Menyewa Tanah Harta Pusako Tinggi di Nagari Situjuah Batua Perspektif Fiqih Muamalah

Nur Ayza Syafitri (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Fajrul Wadi (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
04 Jun 2026

Abstract

The leasing of high-ranking ancestral land (tanah pusako tinggi) is commonly practiced in Situjuah Batua and often raises legal and religious issues concerning communal ownership rights. This study aims to examine the implementation of high-ranking ancestral land leasing and analyze it from the perspective of Islamic muamalah jurisprudence. This research employed a qualitative approach through field and library research. Primary data were obtained through interviews and observations involving niniak mamak and parties engaged in leasing agreements, while secondary data were collected from books, journals, and other relevant literature. Data were analyzed through data reduction, data presentation, and conclusion drawing. The findings show that the leasing of high-ranking ancestral land is frequently conducted without the consent of all heirs (kemenakan) and niniak mamak who collectively possess rights over the property. This practice occurs because some parties assume that their familial relationship to the land grants them sufficient authority to lease it independently. From the perspective of muamalah jurisprudence, such transactions do not fulfill the legal requirements of leasing jointly owned property, particularly the requirement of approval from all rights holders. Consequently, the leasing agreement is considered invalid and lacks legal legitimacy under Islamic law. The absence of collective authorization may lead to legal uncertainty and disputes regarding the management and utilization of high-ranking ancestral land within the community. Therefore, compliance with the principles of communal ownership and Islamic contract law is essential to prevent future conflicts.

Copyrights © 2026






Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...