Praktik Gadai Tanah Sawah di Desa Alatengae Maros Sulawesi Selatan dalam Perspektif Syariat

Abstract

This study aims to identify and reveal the practice system of pawning paddy fields that often occurs in villages in Indonesia. This research is a descriptive-qualitative research that describes various conditions, situations or social phenomena that exist in rural communities. The approach used is normative juridical to examine theories, concepts, legal principles and laws and regulations related to this research by emphasizing the facts that occur in the field. The research location chosen was the village of Alatengae, Maros, South Sulawesi, as a representative of a number of villages in Indonesia that often practice pawning rice fields. After collecting and analyzing data regarding the legal practice of pawning paddy fields that occurred, the reality of the system of using pawned goods, in this case the pawned rice fields, is contrary to Islamic law and can be categorized as usury, because it is very detrimental to one party, namely the party who pawns. This is because the function rights or the harvested rice fields are fully owned by the party who received the pledge without any distribution of the results. Even though the original law, utilization may be carried out by the party receiving the pledge but only to return the costs used when managing or working on the rice fields.