Tinjauan Hukum Ekonomi Syariah terhadap Praktik Perjanjian Utang Piutang Bersyarat

(Studi Kasus di Desa Sungai Udang Kecamatan Pamenang Kabupaten Merangin Provinsi Jambi)

Abstract

This thesis discusses the Practice of Conditional Debt Agreements which is the surrender of assets in the form of money to be returned at the same time with the same value. The main discussion of this thesis research is entitled Review of Sharia Economic Law on the Practice of Conditional Debt Agreements Case Studies in Sungai Udang Village, Pamenang District, Regency Merangin, Jambi Province in order to find out how the Sharia Economic Law Review of the practice of agreements on fertilizer debt receivables is paid for the palm oil harvest. The authors use field research. Using a qualitative approach. Data collection techniques through interviews and documentation. The results of this discussion are that the practice of debt agreements in Sungai Udang Village, Pamenang District, includes: Related to Qardh theory in the practice of agreements debts that occur in Sungai Udang Village are transactions that bring benefits and transactions that contain usury, namely usury nasi'ah where at the end of the payment of debts there is an additional nominal. The scholars of the four schools of thought, of course, have different opinions regarding the practice of conditional debt agreements that occurred in Sungai Udang Village. The Maliki and Hanafi schools do not allow additional debts that are both required and promised, while the Shafi'i school believes that Apat says that additional money in debt is makruh, while the Hambali school allows the practice of debt and credit and there is no makruh law in it. In this case the authors tend to agree more with the Hanafi and Maliki schools, because they are considered able to answer this problem which is in accordance with the provisions of Islamic law, namely the Qur'an and Hadis.