TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK KERJASAMA TEBANTIGO ANTARA PEMILIK LAHAN DAN PENGGARAP LAHAN

(Studi kasus di Desa Ngambon Kecamatan Ngambon Kabupaten Bojonegoro)

Abstract

The practice of tebantigo, which is developing in Ngambon Village, Ngambon District, Bojonegoro Regency, is a form of mutually beneficial cooperation between landowners and cultivators. This phenomenon is interesting to study because it is socially considered fair and productive, but from an Islamic legal perspective, its compliance with the provisions of the ijarah contract, which has certain conditions and pillars, needs to be reviewed. This study aims to analyze the compliance of the practice of tebantigo in Ngambon Village, Ngambon District, Bojonegoro Regency, with the principles of the ijarah contract in the fiqh of the four schools of thought. The practice of tebantigo is a system of cooperation between landowners and cultivators, where the landowner grants the cultivator the right to manage the land in exchange for the right to use it in the following season. Although socially this practice is considered fair and mutually beneficial, from an Islamic legal perspective, it is necessary to examine whether the contract fulfills the pillars and requirements of ijarah. This research is a field study using a descriptive analytical approach by reviewing classical fiqh literature, as well as field data through observation and interviews with tebantigo practitioners. The research results show that the practice of tebantigo is substantially similar to the ijarah contract, particularly in terms of the exchange of benefits and the inclusion of a reward element. However, in several respects, such as the clarity of wages and the duration of land use, this practice does not fully comply with the requirements of ijarah according to the four schools of Islamic jurisprudence. Therefore, the practice of tebantigo needs to be adjusted to the principles of transparency and clarity of the contract to align with Islamic law.