Praktik Lela Dana pada Transaksi Gadai di Desa Nata dalam Perspektif Fikih Muamalah

Abstract

This study was conducted to examine the practice of lela dana on pawned objects in Nata Village, which is considered not fully in line with the principles of Sharia Economic Law. This phenomenon is important to study because the use of pawned land by the pawn recipient (murtahin) often causes economic injustice and has the potential to contain elements of usury. This study focuses on the forms of fund lending practices that occur in the community and their level of compliance with Sharia provisions in rahn contracts. This study uses empirical legal research methods with a sociological approach. Data collection was carried out through field observations, in-depth interviews with relevant parties, and documentation. Data analysis was carried out qualitatively through the stages of reduction, presentation, and conclusion drawing to obtain a complete picture of pawn and land leasing practices. The results of the study show that there are two forms of land leasing practices that are in accordance with sharia principles, namely the practice of land use carried out with the direct permission of the owner and the practice of leasing whose results are agreed upon by the parties. Meanwhile, practices that are not yet in accordance with sharia include the leasing of land without the owner's consent and the taking of benefits that result in unilateral profits for the murtahin.

Keywords: land leasing, land pawn, sharia economic law.