AL-IJARAH AL-A'MAL AL-MUSTARAKAH DALAM PERSPEKTIF HUKUM ISLAM

Firman Setiawan, Al-Ijarah Al-A', Mal Al-Mustarakah|103, Studi Kasus, Urunan Buruh, Tani Tembakau, Di Desa, Totosan Kecamatan, Batang-Batang Kabupaten, Sumenep Madura, Firman Setiawan, Dosen Prodi (+1 others)
unpublished
Ijarah is turning over the beneficial values of a legal product or good in the certain period of time using the iwadh system. People like to practice it in two ways, which are ijarah manfaat, such as leasing or renting a product and ijarah amal, typically called as farming workers or simply workers. At the village of Totosan, local people have a practice of ijarah amal in the sector of farming in which the farming workers are not regularly paid as usual. As a consequence, landlords will also
more » ... k in the field of farming workers when it is needed. This practice is conducted in a small group of farmers so that each member has same right and responsibilities one another. The description leads my interest and curiosity to examine it further.The study is conducted particularly to know how the transaction really is on the perspective of Islamic law. Additionally, the proper right and responsibilities of each member is also another thing to search by studying the topic. This study is descriptive quantitatively presented. Meanwhile, the information of the practice is obtained through transcript of interview and observation. Afterward, the practice is studied on the perspective of Islamic law particularly using ijarah theory as found at authoritative legal books on daily practices and transactions (al-kutubfiqh muamalah mu"tabarah). The analysis of this case results a conclusion that cooperation in the farming practice is not legal according to "aqad al-ijarah al-a"mal al-musytarakah since it does not fulfill requirements on exact rules of contract, object and the fee. However, it can still be
fatcat:nuzlnhvhifc2xo7hjhzn7mns24