PRAKTIK JUAL BELI FOTO DI KOMPLEK MAKAM SUNAN BONANG TUBAN DALAM PERSPEKTIF HUKUM ISLAM

Abstract

This study aims to determine the practice of buying and selling photos at the Sunan Bonang Tuban tomb tour using Islamic law analysis. The problem in this case concerns the practice of buying and selling photos at the Sunan Bonang Tuban tomb tour, precisely in Kebonsari where there are photographers who suddenly take photos of pilgrims when they get off the vehicle they are riding in, without any clear agreement on what the photos will be used for, then the photos are immediately printed to be sold to the people in the photo, without the knowledge of the people in the photo. Through field research using a qualitative approach, researchers use data collection in the form of observation, interviews and documentation obtained from statements or facts from photographers who are at the Sunan Bonang Tuban tomb tour. The results of this study indicate that photographers do not yet fully own the goods being traded (mabi') because the method of obtaining the photos is not permitted in the provisions of sharia so that it can damage the contract. In practice, some pilgrims feel uncomfortable because they are considered to be violating someone's privacy provisions, because the photographer takes pictures of the pilgrims unilaterally without asking for permission first and then sells them, while there has not been a clear agreement between the photographer and the pilgrim at the beginning.