HUKUM PRAKTIK GADAI TANAH SAWAH DALAM PERSPEKTIF FIQIH MUAMALAH
Abstract
The practice of pawn has existed since the era of Rasullullah Saw. And even practiced by the prophet, and likewise until now, the practice of mortgage is still done by society. The study of the practice of pawnshop has been widely discussed by scholars, including the four priests of the sect. The view of the scholars about the ability to do the same pledge but still there are some differences in terms of the use of mortgage goods by the recipient of Pawn (murtahin). This research aims to know the Fiqh law to the practice of soil pledge that is carried out by the community Hamlet Sindangrasa Sindangbarang Village, whether in accordance with the provisions that are sharia or not. Because as already mentioned above that there are still differences in the opinion of the scholars about the utilization of pawn goods. The methods used in the writing of this thesis are qualitative research methods. This research is based on the utilization of pawn goods in this case the rice fields are taken advantage by the creditor. Most scholars argue that the pawn goods can be utilized only the livestock that are biased to be ridden or used by milk is because instead of the cost of treatment. Meanwhile, for the utilization of pawn goods by the recipient of pawn other than those mentioned above, most of the scholars do not expect it to be assessed to harm one of the parties.