Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia

Research Article

Rice Field Sale at the Village of Kuniran, District of Sine, Regency of Ngawi In Islam Perspectives

Download459 downloads
  • @INPROCEEDINGS{10.4108/eai.26-9-2020.2302638,
        author={Murni  Murni and Indah  Purbasari and Aprilia Dyah Suyanti and Azizah  Azizah},
        title={  Rice Field Sale at the Village of Kuniran, District of Sine, Regency of Ngawi In Islam Perspectives  },
        proceedings={Proceedings of The International Conference on Environmental and Technology of Law, Business and Education on Post Covid 19, ICETLAWBE 2020, 26 September 2020, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICETLAWBE},
        year={2020},
        month={12},
        keywords={aqd” rice field annual sale and “urf aqidah},
        doi={10.4108/eai.26-9-2020.2302638}
    }
    
  • Murni Murni
    Indah Purbasari
    Aprilia Dyah Suyanti
    Azizah Azizah
    Year: 2020
    Rice Field Sale at the Village of Kuniran, District of Sine, Regency of Ngawi In Islam Perspectives
    ICETLAWBE
    EAI
    DOI: 10.4108/eai.26-9-2020.2302638
Murni Murni1,*, Indah Purbasari1, Aprilia Dyah Suyanti1, Azizah Azizah1
  • 1: Universitas Trunojoyo Madura, Indonesia
*Contact email: murni@trunojoyo.ac.id

Abstract

Rice field sales on a yearly land tenure conducted by the Kuniran villagers over years are considered legally flawed. Despite the rice field purchase, ownerships are of the same landlords prior to the transactions. Those “unique” transactions inevitably raise questions and trigger legal issues within society as to whether such transactions have met the legal principles revealed in Islam and reasons for maintaining the respective traditions in society and whether such practices are justifiable in Islam. The method of empirical legal research and qualitative approach are used. Furthermore, the result demonstrated that the annual rice sales transactions are illegal under Islam as the sale involves a negative element in fiqh muamalah (a branch of Islamic jurisprudence involving commercial and economic activities) defined as gharar (uncertainty) since there is no deal concerning the ownership tenure settled between the parties involved in the transaction. Therefore, landlords could easily claim the rice fields previously purchased without the buyer’s consent at any time. Nonetheless, such land acquisitions make a little difference on the land ownership titles. In other words, the rice fields remain the landlords’ property despite the transaction. The business activity has been practiced by the Kuniran villagers out of tradition and economic factor.