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Journal : Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial

KONSEP HARTA DAN KEPEMILIKANNYA MENURUT HUKUM ISLAM Irwansyah Irwansyah
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 8, No 2 (2018)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v8i2.4220

Abstract

Property is a primary need for humans to support life in this world, so as to carry out worship to Allah swt well. Nevertheless, the Qur'an warns that property must be obtained in a desired manner of Islamic law, and are used in places that have goodness according to Islamic law required. A principle developed by Islamic law to the problem of property is the rules do not set definitely in the Quran and Hadis, but the general principles are put forward, which must be followed by everyone who tried to get the property. islamic law requires in acquiring and managing property to note of the following principles; 1) property acquired and owned is not of the type that is unclean and dangerous to humans; 2) the way to obtain the property is done by  humane methods, such as buying and selling is done by the parties by not deceive one another, bless one another and be honest when covenant; 3) as the party who has the authority to carry out property, Islamic law mentioned basic requirements that need to be considered, namely a maximum adult age (minimum 18 years) and has a ruysd (smart) characteristic, that is the ability to carry out property in accordance with the rule of Islamic law. By following all the things that have been mentioned, then property can be valued provides benefit to humans, both in keeping religion or maintaining the human body and soul (mukallaf). 
RICE FIELDS MANAGEMENT AGREEMENT SYSTEM IN ACEH BESAR (Study of Engagement Patterns and Sharing of Harvest Results) Irwansyah Muhammad Jamal; Zaiyad Zubaidi
Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial Vol 13, No 2 (2023)
Publisher : Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dusturiyah.v13i2.19418

Abstract

Rice field management, which is carried out by involving the people of Aceh Besar based on the norms of Islamic law and customary law, is applied from the beginning of the determination of the engagement to the capital of the harvest. Community practice describes the procedure for contracting and distributing crops in various forms. However, all farmers do it by mutual consent. This phenomenon is the focus of study in this paper. By basing on the method of discriptive analysis, the answers will be found, including: 1) the formation of contracts is carried out orally. The form of an oral contract is based on several things, namely the relationship between the parties; In general, the parties come from relatives or close family. Because of this relationship, they believe there will be no default made by the parties. In addition, there are two ways to start involvement in rice field management; First, half of the respondents agreed that capital is borne by rice field owners (this model is called muzara'ah), and half said capital is borne by farmers (this model is called mukhabarah). 2) the distribution of crops is carried out in the following way; 1) Mawah, which is divided equally between rice field owners and farmers. There are 3 people (20%); 2) Bulung 3, which is 2 parts for farmers, 1 part for rice field owners = 5 people (33.3%); 3) Bulung 4, which is 3 parts for farmers, 1 part for rice field owners = 4 people (26.6%); 4) Bulung 5, which is 3 parts for farmers, 2 parts for rice field owners =3 (20.1%). In addition to the three things already mentioned, the parties also agreed on the conditions of crop failure. Most engagements exempt farmers from giving rice to rice owners as a cost of using rice fields, while others require farmers to give rice to rice owners as rice field use fees.