SHARECROPPING AGREEMENT IN ACCORDANCE OF MAQASID AL-SYARI-AH (A Case Study Of Sambirejo Village Sub-District Mantingan, Ngawi District, East Java)
Fajar Pramono, Mulyono Jamal, Ruchhima, Nur Azizah Latifah
Faculty of Islamic Economic Law, University of Darussalam Gontor
Abstract
Abstract. This research conducted in Sambirejo village Ngawi where the majority of the population worked as farmers and one of the systems for cultivating land used by the community was the sharecropping system. The sharecropping agreement is carried out based on the traditions or customs in the village. The ratio determined based on the planting season, not in the capital proportion. The agreement carried out verbally and there is no period determination. The purpose of this study was to determine the implementation of the sharecropping system in the Sambirejo village and analyze its application according to maqasid syariah. This research is qualitative descriptive with primary and secondary data obtained through observation, unstructured interviews, and documentation. The results of the study indicate that the implementation of the sharecropping agreement, in general, is carried out according to the customs in the village, namely verbally and without determining the agreement period. The profit sharing ratios namely, mertelu, merpapat, and moro limo determined based on the planting season except for maro. Determination of profit sharing proportion is determined based on the provision of capital included in the agreement. If viewed based on the seeds provision, the sharecropping includes mukhabarah because most of farmer provide the seeds. However, the sharecropping agreement is not entirely accordance with mukhabarah, especially in the capital contributions of seeds, the profit sharing proportion that is not in accordance with the capital provided, and the time of the agreement that is not determined at the beginning of the agreement. Overall, the sharecropping agreement implemented by the community in Sambirejo village has been in line with the concept of muamalah in Islamic economic law namely there is a value of cooperation, honesty, and justice between the two parties.
Keywords: Sharecropping, mukhabarah, Custom, Maqasid Syariah
Topic: Economics