TINJAUAN FIKIH MUAMALAH TERHADAP PRAKTIK SEWA MENYEWA DI ATAS TANAH GADAI

Abstract

The problem in this study is how the practice of pawning and renting shophouses on pawned land around Campus 1 UIN Mahmud Yunus Batusangkar, and what is the view of muamalah fiqh on the practice of pawning and renting shophouses on the pawned lands. This type of research is field research. The primary data sources are the pawnbrokers, pawnbrokers, and shophouse tenants. Secondary data sources are the Wali Nagari and documents related to the land pawn and the rental of the shophouse. Data collection through interviews and documentation. The results of this study are, first, the practice of pawning land around Campus 1 of UIN Mahmud Yunus Batusangkar was carried out by the niniak mamak of the S community in writing in the form of a term pawning prohibited from redemption for 85 years. The pawnbroker uses the land by building houses and shophouses which are then rented out to traders on an annual lease basis. Secondly, the practice of pawning is not in accordance with Islamic law. This contract is categorized as a fasid contract because the terms of the prohibition of redemption are contrary to the tabarru characteristic of pawning. Leasing a shop is usury because it includes the use of pawned goods and the law is void, but it is better for the two parties to work together to make a new contract outside the pawn contract.