ANALISIS TRADISI TEBASAN PERSPEKTIF FIQH MUAMALAH

Abstract

This research wants to explore various forms of new buying and selling transactions whose law is unclear according to fiqh muamalah. One of them is the practice of buying and selling fish using the slash system in Pangkah Wetan Village, which in its implementation is quite unique, where buying and selling is carried out in large quantities with the fish still in the water. The purpose of this research is to find out the practice of buying and selling fish using the slashing system and its laws according to fiqh muamalah. This research method is (field research) with a qualitative approach. Primary data sources in this study came from 9 (nine) informants, namely 4 slashers, 4 pond farmers, and 1 community leader. The secondary source comes from several literature related to research. The results of the study show that the practice of buying and selling fish using the slash system in Pangkah Wetan Village has fulfilled the pillars and conditions set by the syarak, that this sale and purchase is a jizaf sale and has fulfilled 7 (seven) provisions according to the malikiyah school. Even though in practice there is an element of ambiguity, the garar contained in it is yasir garar which is permissible because it can be tolerated and does not cause disputes, and it is understood by the community because it has become a habit. The basis for the permissibility of gharar yasir refers to the classification of Ibn Qayyim al Jauziyah and the rule of العادة المحكمة that garar is understandable because it has become a market tradition, the law is permissible.