تحليل الحكم الإسلامي في ممارسة الرهن العرفي: دراسة حالة غالا على المزرعة في قرية ماتانج فونتونج منطقة ساموديرا آتشيه شمالية

Abstract

Traditional pledge, known as Gala in Aceh, is a practice rooted in the customs or traditions of a particular community or region. Gala Tanah, specifically in Aceh, refers to a form of traditional pledge. It involves a loan agreement between the pledger and the pledgee, where the pledger approaches the pledgee to formalize the pledge agreement based on the principle of mutual assistance to fulfill urgent financial needs. This traditional pledge system typically occurs between individuals. However, a practice exists where the pledger sells marhun bih, which is essentially prohibited in Islamic law. Thus, this practice requires examination and review by researchers. The aim of this research is to understand the traditional land pledge practice of Gala in Matang Puntong Samudera village from an Islamic law perspective. The study employs a descriptive-qualitative-field research method, with data obtained qualitatively through descriptive methods. Data sources include primary and secondary data. Primary data in qualitative research is typically gathered more deeply through observation and interviews, while secondary data is sourced from official documents such as books, magazines, and articles. Upon review, it is found that in Islamic law, the traditional pledge practice with the Gala system in Matang Puntong village involves mutual assistance between the pledger and the pledgee. The pledger sells marhun bih, usually in the form of gold, and the pledgee benefits from the cultivation of the land owned by the rahin, which is in accordance with Islamic law.