Analisis Praktik Akad Musaqah Antara Pemilik Kebun Kopi dan Penggarap Dalam Perspektif Fikih Muamalah

(Studi Kasus di Desa Rantau Suli Kabupaten Merangin Jambi)

Abstract

Musaqah is one of the transactions that are often carried out by the community, especially the village community where the owner of the garden gives his garden to the tenants to be cared for and managed. In Islam, musaqah is a permissible transaction. But sometimes in practice often found things that are not in accordance with the terms and pillars of musaqah as has been determined in jurisprudence muamalah. The purpose of this study was to determine how the practice of musaqah contract in the village of Rantau Suli Merangin Jambi and its suitability in jurisprudence muamalah. This study uses a qualitative method in the form of a case study with an empirical approach. Data collection techniques include observation, interviews, and documentation. Data analysis techniques in the form of data collection, data reduction, data presentation, and drawing conclusions. Primary data was obtained through interviews with 3 cultivators and 3 coffee plantation owners. Secondary data was obtained through literature studies related to this research. The results of the study show that First the practice of musaqah contracts in the village of Rantau Suli Merangin Jambi is carried out based on mutual help and mutual trust. Second, the practice of a musasqah contract in Rantau Suli Village, Merangin Regency, Jambi, according to muamalah fiqh, is seen from the pillars and conditions that constitute a valid musaqah contract, it just needs to be perfected regarding the consent granted which should also be done in writing to avoid problems on another day. However, according to the results of interviews with sources and observations in the village of Rantau Suli Merangin Jambi, in the practice of the musaqah contract, there are still things that can damage the musaqah contract so that it becomes a legal facade, which refers to a conspicuous or large garar, because there is no certainty in determining the term of the agreement, so that it can result in losses to one of the parties.