农地租赁问题的伊斯兰解决方案:超额时间纠纷案例

I. Rosyadi, Fauzul Hanif Noor Athief, Darlin Rizki
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引用次数: 1

摘要

农地租赁的实践并不总是一帆风顺。通常面临的障碍之一是佃农的租赁时间过长,因为租赁期结束时作物尚未进入收获期。另一方面,土地所有者不希望失去在超额租赁期间可以获得的利润。本研究旨在寻找租赁合同纠纷的替代解决方案。本研究是一项实地研究,旨在回答与农地租赁实践实施过程有关的问题,超额租金对业主和租户的影响,以及一个可以解决农地租赁实践中随时间冲突的合同模型。通过访谈收集数据,采用描述性方法对访谈结果进行分析,然后采用归纳思维法得出结论。数据来源来自Kalikotes, Klaten Regency。本研究的结论是,租赁协议的开始与伊斯兰法并不冲突,因为这是双方相互同意的,但在租赁过程的最后,存在合同差异。土地所有者立即要求承租人赔偿超过的时间。租户不遵守约定的原因是完全不可预测的,租期已过,但水稻无法收获。双方可以以双赢的方式解决这一冲突,方法是制定一个新的合同,或者在一开始就改变合同的形式,使用收成的数量,而不是一年的节奏。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Islamic Solution on the Agricultural Land Leasing Problem: Case of Excessive Time Dispute
The practice of leasing farmland does not always run smoothly. One of the obstacles that are often faced is the excess of rental time by tenant farmers because the plants have not yet entered the harvest period when the rental period ends. On the other hand, the land owner does not want to lose the profit that can be obtained from the duration of the excess lease. This study aims to find alternative solutions to disputes over lease contracts (ijarah). This research is a field research that is used to answer questions related to the process of implementing the practice of leasing agricultural land, the impact of excess rent for owners and tenants, as well as a contract model that can be a solution to conflicts over time in the practice of leasing agricultural land. The data was collected through interviews, the results of which were analyzed using descriptive methods, then conclusions were obtained through an inductive mindset. The data resource comes from Kalikotes, Klaten Regency. This study concludes that the beginning of the lease agreement does not conflict with Islamic law because it has been mutually agreed between the two parties, but at the end of the lease process there is a contract discrepancy. The land owner immediately asks the tenant for compensation for the excess time. The non-compliance with the agreement made by the tenant was caused by things that were completely unpredictable, where the lease period had expired but the rice could not be harvested. Both parties can resolve this conflict in a win-win manner by making a contractnew ijarah or changing the form of the contract at the beginning by using the number of harvests, not the tempo of the year.
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