Praktik Pinjaman Modal Bersyarat (Studi Kasus Masyarakat Nelayan Di Kelurahan Manggar)

Abstract

The loan agreement in Islamic economics is called al-Qardh, which is the provision of assets to the borrower, with the borrower's dependents replacing the assets that are equivalent to the assets taken. As we know this loan agreement is tabarru or social in nature, as a form of caring and mutual assistance, so that in the al-Qardh  contract or loans cannot contain additional, in the practice of conditional capital loans, fishing communities in Manggar Village, fish suppliers as The capital lender then provides conditions for fishermen to sell their fishing products to fish suppliers. In the law of fiqh, it is said that "every loan that brings benefits is usury", transactions between suppliers and fishermen are included in the form of usury. According to Rafiq Yunus al-Mishri, that syuftajah or taking the benefits of al-Qardh  is not in the form of material including halal usury, in transactions between fish suppliers and fishermen, fish suppliers require fishermen to sell all their fishing products to the fish supplier, resulting in a merger. between the loan contract with the sale and purchase, it is associated with the hadith of Rasulullah x which prohibits combining the loan contract with the sale and purchase, thus the terms of the sale and purchase are considered inappropriate because there are arguments that prohibit, for caution it is better if the capital loan contract that occurs between suppliers fish and fishermen are directed to the mud}harabah contract with a profit sharing system, so that transactions between fish suppliers and fishermen can be avoided from prohibited contracts.