TINJAUAN HUKUM ISLAM TERHADAP AKAD IJARAH

Abstract

The purpose of this study is to examine the practice of ijarah contracts for oil palm trees and to review the Islamic legal perspective on the leasing of oil palm trees in Tangun Village.

This research is a qualitative study. Data collection techniques include field research and literature review. The field research involves direct interviews with both the leaseholders and the plantation owners. The literature review was conducted by examining books and articles.

Based on the research results, it is concluded that the practice of ijarah contracts for oil palm plantations in Tangun Village, when examined from the perspective of the subjects and the form of the contract, is in accordance with Islamic law because both parties entering into the ijarah contract have fulfilled the pillars and conditions of ijarah, further supported by the mutual agreement and willingness of both parties entering into the oil palm plantation lease agreement.

However, when examined from the perspective of the contract’s object or its benefits, it was found to be inconsistent with Islamic law because the oil palm plantation cannot be directly utilized by the lessee, who must wait until harvest time and then sell the produce. This could result in a loss for one of the contracting parties if the price of palm oil drops or the crop is affected by pests. Yet, under Islamic law, one of the conditions for the validity of an ijarah contract is that the benefit of the lease must be clear and capable of being delivered.