Pelaksanaan Akad Gadai Sawah Pusako Tinggi Di Jorong Tabek Pala Nagari Talang Ditinjau Dari Hukum Adat Minangkabau Dan Hukum Islam

Abstract

This research is based on the Nagari Customary Density Regulation (KAN) No. 3 of 2000, paragraph (3) fields that are pledged as collateral may only be sold/purchased by the owner of the fields, paragraph (4) ransom for pawned fields is the same as when the pawning process first occurred, paragraph (4) (5) the purpose of pawning is to help without expecting profit, the implementation of pawning is also regulated in Article 385 paragraph (4) of the Compilation of Sharia Economic Law (KHES) which explains about the pawned property (Rahn), the pawner has the right to ask for his field to the pawn holder by redeeming the field , The research method used is Juridical Empirical by interviewing the vice chairman of KAN, secretary of KAN, pawnbrokers (first party), pawn recipients (second party), third parties, and Asatiz, this research was conducted in Jorong Tabek Pala Nagari Talang. Based on the research conducted by the author, there are many implementations of pawning for high pusako rice fields that deviate in Jorong Tabek Pala, the deviations made are, the fields were transferred to a third party without the knowledge of the first party, the price of rice fields transferred to a third party rose, as well as additional pawns, this deviation violates KAN Regulations paragraphs 3 and 4 as well as the practice of pawning that contains business, the implementation of such a pawn is contrary to paragraph 4 (KHES) and paragraph 5 of the Regulation (KAN) above. Efforts to overcome this deviation are by implementing the implementation of pawning carried out by the Prophet Muhammad SAW.