URF DAN IMPLEMENTASINYA DALAM HUKUM MUAMALAH

Study Telah Kitab Fathul Muin

Abstract

In fact, there are often many things that are not mentioned in detail by the parties who are transacting. Among the examples are the remaining scraps of fabric that are a necessity of sewing are often not mentioned by the tailors or the customers during the process of ordering clothes and the neglect of both when the sewing is finished. The people of Waruk Village, Kalitengah District, Lamongan Regency are among the people who have such customs towards the remaining scraps of sewing fabric. This makes the ownership status of the remaining scraps unclear. This field research will examine the process of sewing order contracts in the Waruk Village Community, Kalitengah District, Lamongan Regency and review Islamic law in this practice. In practice, some customers bring their own sewing fabric and others from the tailor, the customer only orders clothes by mentioning the model, size and other related characteristics. The Islamic legal review of this practice is that the customer who brings his own fabric, the ownership status of the remaining fabric scraps remains the property of the customer because it falls into the category of Ijaroh Jasa contract, while the customer who orders the fabric sewn from a tailor, the ownership status of the remaining fabric scraps belongs to the tailor because it falls into the category of Salam contract.