Pawn Paddy Practices According to Islamic Law and Positive Law

Abstract

This study examines Pawn Paddy Practices according to Islamic Law and Positive Law. The purpose of this study was to determine the practice of pawning rice fields in Sukajaya Village, Jonggol District, Bogor Regency, to analyze the practice of pawning rice fields by the people of Sukajaya Village, according to Islamic Law, to analyze the practice of pawning rice fields by the community of Sukajaya Village, Jonggol District, Bogor Regency according to positive law. This research method uses a qualitative approach with the type of case study research with structured and in-depth interviews with the residents of Sukajaya Village, Jonggol District, Bogor Regency, totaling 12 residents of Sukajaya Village. The results of this study indicate that the practice of pawning rice fields in Sukajaya Village, Jonggol sub-district has been going on for a long time. In the implementation of pawning, it is carried out on the basis of mutual trust, where the recipient of the pawn works on the pawned fields of the pawner. There are pawnees who manage themselves and some are managed by third parties, with an unspecified time limit. The practice of pawning rice fields in Sukajaya Village is not yet in accordance with Islamic law, where the murtahin manages the pawned fields. This contains usury and muzaroah, namely agricultural product sharing, so there is one contract of two transactions.