TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK GADAI SAWAH DI PEDESAAN

Abstract

This study aims to analyze the practice of farmland pawning (gadai sawah), which remains common in rural areas, from the perspective of Islamic law. The primary focus is to assess the conformity of such practices with sharia principles, particularly in terms of justice, mutual consent, and the prohibition of riba (usury). The method used in this research is library research, by reviewing classical and contemporary literature in the field of Islamic commercial jurisprudence (fiqh muamalah), such as works by scholars from various Islamic legal schools (madhhab), fatwas issued by the National Sharia Council (DSN-MUI), the Compilation of Sharia Economic Law (KHES), as well as relevant academic journals and books that discuss Islamic pawn systems and rural social practices. The analysis is conducted using a descriptive-analytical approach to connect theoretical perspectives with real-world phenomena in society. The findings indicate that farmland pawn practices in rural areas are generally carried out in a hereditary manner without written agreements, where the land is managed by the lender (mortgagee) during the loan period. Although there is an element of mutual help, this practice often contains aspects that closely resemble riba, especially when the lender benefits from the harvest without any deduction from the principal loan amount. From an Islamic legal standpoint, such a practice is considered inconsistent with the principles of a valid rahn (pawn) contract, as it involves the mortgagee utilizing the pledged object without legally justified permission. This study recommends the need for education and public awareness campaigns regarding proper Islamic pawn contracts so that communities do not fall into exploitative practices that deviate from sharia.