Journal of Islamic Law ISSN: 2721-5040 .
& 2721-5032 .
Vol.
No.
1, 2024, pp.
https://doi.
org/10.
24260/jil.
Examining the Synthesis of Islamic Commercial Principles and Local Customary Practices: A Case Study of Nyambut Sawah Traditions in Tejamari.
Banten Jamaluddin,1* Milatul Hayat,1 Masduki,1 Oom Mukarromah,1 Jamaludin2 1UIN Sultan Maulana Hasanuddin.
Banten.
Indonesia 2Institut Ummul Quro Al-Islami.
Bogor.
Indonesia *Correspondence: jamaluddin@uinbanten.
*Received: 21-11-2023 | Revised: 29-01-2024, 20-02-2024 | Accepted: 29-02-2024 Abstract The influence stemming from the intersection of local traditions and religious percept manifests itself in the practice of nyambut sawah .
addy cultivatio.
among the Tejamari This practise resembles the utilisation of agricultural land .
uzAraAoa.
in Islamic commercial law .
iqh muAoAmala.
, wherein landowners provide agricultural land to cultivators for cultivation with a profit-sharing system.
This article aims to analyse the extent to which the practice of nyambut sawah adopts the principles of Islamic commercial law.
This study employs a normative-empirical approach, conducting observations and interviews with eighteen informants.
The research finds that the nyambut sawah tradition practiced by the Tejamari community reflects the muzAraAoah contract in fiqh muAoAmalah.
The muzAraAoah contract is reflected in five models of profitsharing systems, wherein the division of tasks, responsibilities, profits, and risks has been mutually agreed upon.
Despite differences in opinion regarding the responsibility for the cost of rice milling .
geprik pad.
, this practice still maintains values of mutual assistance between landowners and cultivators in overcoming economic difficulties.
This article argues that local traditions and religious values can together provide solutions for the sustainability of agricultural activities.
[Pengaruh interaksi tradisi lokal dengan agama tampak dalam praktik nyambut sawah di kalangan masyarakat Tejamari.
Praktik ini menyerupai pemanfaatan lahan pertanian .
uzAraAoa.
dalam fikih muamalah, di mana pemilik tanah menyediakan lahan pertanian kepada penggarap untuk ditanami dengan sistem bagi hasil.
Artikel ini bertujuan untuk menganalisis sejauh mana praktik nyambut sawah mengadopsi prinsip-prinsip hukum bisnis Islam.
Studi ini menggunakan pendekatan normatif-empiris, melakukan observasi dan wawancara dengan delapan belas informan.
Penelitian menunjukkan bahwa tradisi nyambut sawah yang dipraktikkan oleh masyarakat Tejamari mencerminkan kontrak muzAraAoah dalam fikih muamalah.
Kontrak muzAraAoah tercermin dalam lima model sistem bagi hasil, di mana pembagian tugas, tanggung jawab, keuntungan, dan risiko telah disepakati secara bersama.
Meskipun terdapat perbedaan pendapat mengenai tanggung jawab atas biaya ngeprik padi .
enggilingan pad.
, praktik ini tetap mempertahankan nilai-nilai saling tolong-menolong antara pemilik lahan dan penggarap dalam mengatasi kesulitan ekonomi.
Artikel ini berargumen bahwa tradisi lokal dan nilai-nilai agama dapat bersama-sama memberikan solusi untuk keberlanjutan kegiatan pertanian.
Keywords: Islamic Commercial Law.
Local Tradition.
MuzAraAoah.
Nyambut Sawah.
Paddy Cultivation.
Copyright A 2024 by Author.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.
0 International License.
Jamaluddin et al.
Introduction Historically, the interaction between Islam and indigenous culture in Indonesia has demonstrated a dynamic interplay.
1 Since IslamAos introduction to the Nusantara during the seventh century, local communities have adeptly preserved their entrenched customs amidst the advent of the new faith.
Notably, certain indigenous practices have assimilated elements from pre-existing religions such as Hinduism and Buddhism,2 predating the arrival of Islam.
As a comparatively recent entrant into the regionAos religious landscape.
Islam has demonstrated a remarkable capacity to reconcile its teachings with local customs while preserving its distinct theological tenets.
3 This process has engendered the development of unique cultural traditions within local communities, exerting a discernible influence across various facets of societal life.
4 Within Javanese society, characterised by the observance of traditional and Sufi-inflected Islam, a conducive environment exists for the assimilation, internalisation, and adaptation of Islamic jurisprudence alongside indigenous customs and 5 Consequently, the symbiotic relationship between Islam and indigenous culture has yielded distinctive cultural practices across diverse spheres,6 including the economic domain.
One of the interactions between Islam and Javanese culture within the economic domain manifests in the phenomenon known as nyambut sawah .
addy cultivatio.
, observed in Tejamari.
Serang.
Banten.
Nyambut sawah denotes a cooperative agricultural management system between landowners and cultivators, wherein landowners allocate agricultural land to cultivators under a profit-sharing arrangement derived from agricultural yields.
7 This modality bears resemblance to the contractual framework governing agricultural land utilisation, known as muzAraAoah, as stipulated in Islamic commercial law .
iqh muAoAmala.
Notably, this system finds prevalence among cultivators burdened by debt to the landowner.
Despite the landownersAo cognizance of the cultivatorsAo lack of capital, they solely provide the land, absolving themselves of the cultivation expenses, which are then levied upon the This customary practice endures until such time as the cultivators liquidate their debts to the landowner.
8 Although integral to the economic fabric of the Tejamari community, this practice frequently overlooks the social responsibilities incumbent upon landowners towards cultivators.
Consequently, undertaking research to elucidate the compatibility of this practice with Islamic legal precepts assumes paramount importance.
Muhammad Ali.
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Ifat.
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Yusa.
Interview with a Religious Figure of Tejamari Village.
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Jamaluddin et al.
Previous research pertaining to the practices and traditions of cooperative agricultural land cultivation has delved into various dimensions encompassing rituals, financial modalities, and adherence to Islamic jurisprudence.
Regarding ritualistic aspects, several studies have undertaken historical reconstructions of agricultural rituals and rice cultivation practices,9 examining how crop cultivation rituals serve as entrenched traditions aimed at enhancing agricultural productivity.
10 Despite the potential impact of modernisation on traditional customs, indigenous communities persist in preserving and observing these 11 In the realm of financial considerations, earlier enquiries have endeavoured to assess the viability of collaborative Islamic agricultural finance initiatives in land development 12 These studies have introduced manihah as a prospective mechanism to address food security concerns13 and have advocated for integrated financing models at the microfinance level targeting the agricultural sector.
14 Concerning compliance with Islamic legal principles, prior investigations have scrutinised various facets, including Imam HanafiAos stance on female ownership of agricultural land,15 transactions based on agricultural futures,16 cooperative farmland utilisation practices during fallow periods,17 profit-sharing dynamics in rice cultivation within local communities,18 and the management of agricultural land pledges in matrilineal indigenous societies.
19 Some of these enquiries have also probed into the application of zakat obligations within the context of these economic practices.
20 In this Tsuyoshi Kato.
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Alimin Alimin, and Indah Fitrah Nauri.
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Muhammad Maulana and Aulil Amri.
AuPolarization of Profit Sharing of Paddy Cultivation in the Acehnese Community as an Attempt to Alleviate Poverty: A Study of Fiqh muAoAmalah,Ay Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no.
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Zefrizal Nurdin and Hilaire Tegnan.
AuLegal Certainty in the Management of Agricultural Land Pawning in the Matrilineal Minangkabau Society.
West Sumatra,Ay Land 8, no.
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See: Muhamad Firdaus Ab Rahman et al.
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Konawe.
Southeast Sulawesi.
Indonesia,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, no.
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Rizal Fahlefi, and Liza Erniyanti.
AuStrengthening Family Resilience through the Journal of Islamic Law.
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No.
1, 2024.
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context, the present article aims to provide an analysis of the nyambut sawah practice in Tejamari and its alignment with the tenets of Islamic law.
By doing so, it contributes a novel perspective to prior scholarship by elucidating the interplay between tradition and Islamic legal frameworks.
This study adopts a normative-empirical methodology employing a case study approach, spanning a period of three months from April to May 2023, within the confines of Tejamari.
Serang.
Banten.
Indonesia.
Data were garnered through in-depth interviews involving eight landowners, eight tenant farmers, a religious authority, and a village administrative official.
Additionally, direct observation of the nyambut sawah practice and its profit-sharing framework between landowners and cultivators was conducted.
Employing both data collection methodologies facilitated the acquisition of a comprehensive understanding of the nyambut sawah tradition.
Subsequently, the data underwent analysis and comparison with the principles delineated in fiqh literature, particularly the concept of muzaraAoah, to analyse the congruence of the nyambut sawah tradition with fiqh muAoAmalah.
Legal Framework of Agricultural Land Utilisation in Fiqh MuAoAmalah In the domain of fiqh muAoAmalah,21 the utilisation of agricultural land is termed muzAraAoah.
MuzAraAoah represents an agreement governing the cultivation and utilisation of agricultural land, binding together the landowner and the cultivator.
Within this framework, the resultant agricultural yield is subsequently apportioned between the two parties according to a predetermined percentage agreed upon by them.
Furthermore, alongside muzAraAoah, the utilisation of agricultural land in fiqh literature is also recognised under the term al-mukhAbarah.
While both modalities involve the utilisation of land in exchange for a share of the produce, the distinction lies in the role of the seed provider.
Under the al-mukhAbarah contract, the labourer assumes the role of seed provider, whereas in the muzAraAoah contract, this responsibility falls upon the owner of the field.
The scholars of the various schools of fiqh hold differing views concerning the permissibility of muzAraAoah.
Primarily, there exists a consensus among scholars such as ImAm Ab anfah.
ZufAr, and ImAm al-ShAfi that muzAraAoah is impermissible.
This stance is rooted in a hadith where Prophet Muhammad prohibited al-mukhAbarah .
lso referred to as muzAraAoa.
24 The rejection of this contract is predicated on the nature of the compensation Tradition of Agricultural Zakat Payment in Nagari Lima Kaum in Tanah Datar District of West Sumatera,Ay Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no.
1 (June 30, 2.
: 496Ae513.
Ilham Thohari and Moh Makmun.
AuReformasi Zakat Pertanian (Studi di Dusun Jeblok Desa Brudu Kecamatan Sumobito Kabupaten Jomban.
,Ay Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 19, no.
2 (December 31, 2.
185Ae203.
The term Aufiqh muAoAmalahAy refers to the Islamic jurisprudence concerning economic and financial matters.
See: Hendrianto Hendrianto and Lutfi Elfalahy.
AuAyat-Ayat Hukum dalam Alquran Mengatur Hubungan Sesama Manusia,Ay Al-Istinbath: Jurnal Hukum Islam 6, no.
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: 170.
Some scholars view Islamic economics as a form of Islamization of knowledge.
See: Muslih.
AuIsmail Raji Al-FaruqiAos Thought on Islamization of Knowledge and Its Significance for Islamic Education,Ay IJoReSH: Indonesian Journal of Religion.
Spirituality, and Humanity 2, no.
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: 180Ae209.
Maulana and Amri.
AuPolarization of Profit Sharing of Paddy Cultivation in the Acehnese Community as an Attempt to Alleviate Poverty,Ay 300Ae302.
Wahbah Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, vol.
5 (Beirut: DAr al-Fiqr, 1.
, 613Ae14.
Al-SyaukAn.
Nail al-AuAr, vol.
5 (Egypt: Al-UthmAnyah al-Miriyyah, n.
), 275Ae80.
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received by the cultivator, which is derived from the yield of the cultivated land.
This remuneration is deemed madm .
on-existen.
as it does not exist at the time of the contract.
Furthermore, it is considered majhl .
due to the uncertainty regarding the precise amount of wages the land will yield, with the potential for the result to be null in the event of crop failure.
Secondly, there are scholars who permit the contract of muzAraAoah.
This view is held by figures such as ImAm Ab anfah.
Muuammad.
Ab Ysuf.
ImAm MAlik.
ImAm Aumad, and DAwd al-eAhir.
The basis for this opinion stems from a hadith wherein the Prophet engaged the inhabitants of Khaibar to cultivate land in exchange for half of the yields of dates or other agricultural produce.
26 In addition to the support provided by the hadith, the permissibility of executing a muzAraAoah agreement can be elucidated by its resemblance to the contracts of syarikah or musyArakah .
27 and ijArah .
This contract serves as a conduit between landowners lacking agricultural expertise and individuals possessing such skills but lacking land.
The convergence of both parties can engender broader societal benefits and utility.
Saqib et al.
28 assert that musyArakah contracts can be effectively applied within the agricultural sector.
Among the two typologies of scholarsAo opinions, the latter view stands as the stronger .
Aji.
stance, being the majority opinion among scholars.
According to the scholars of the anafi school, the essential elements of a muzAraAoah contract are ijAb .
and qabl .
30 This contractual arrangement involves three parties: the landowner, the cultivator, and the subject matter of the contract, which may entail either the use of the land or the labour of the cultivator.
The perspective of the anafi scholars posits that muzAraAoah originated as an ijArah contract31 but subsequently evolved into a syarikah contract.
In instances where the seed is provided by the cultivator, the subject matter of the contract pertains to the benefit derived from the land.
Conversely, if the seed is provided by the landowner, the subject matter of the contract concerns the benefit .
performed by the cultivator.
On the other hand, the scholars of the anbali school assert that no explicit verbal acceptance .
is necessary in a muzAraAoah contract.
Rather, acceptance is deemed sufficient through tangible actions undertaken by the cultivator, such as commencing work and cultivating the land.
Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, 5:614Ae15.
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Nail al-AuAr, 5:272.
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Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, 5:613Ae614.
The agreement made through the exchange of offers .
and acceptance .
based on Islamic business law is referred to as a contract (Aoaq.
See: Irena Dwi Fetraningtyas and Yunanto Yunanto.
AuApplication of the Properties of Naqli and Aqli in Positive Law with Respect to Islamic Contract Law,Ay Syariah: Jurnal Hukum dan Pemikiran 21, no.
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: 59Ae67.
IjArah is a contract involving the transfer of the right to use and benefit from an item through rental payment, without the transfer of ownership of the item.
See: Taufiq Kurniawan and Asmak Ab Rahman.
AuAnalisis Pelaksanaan Akad Ijyrah dalam Sukuk Project Based Sukuk di Indonesia,Ay Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 19, no.
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Exploring the Potential and Challenges of Agriculture in Tejamari Tejamari, situated in the Baros Sub-district of Serang Regency.
Banten Province.
Indonesia, boasts a rich historical legacy and significant agricultural potential.
The appellation AoTejamariAo derives from the Javanese language, signifying Aorediscovering the lightAo, and was officially established in 1960.
It stands as the oldest village within the Baros Sub-district.
In 1990.
Tejamari underwent a partition, giving rise to Tejamari Village and Sukamenak Village,33 collectively spanning 750 hectares.
Predominantly, the villageAos terrain is utilised for agricultural,34 residential, and plantation purposes, with a minor fraction designated for administrative offices, fisheries, and public amenities.
The village is home to a population of 4,592 individuals, comprising 2,196 men and 2,396 women.
The predominant occupation among the populace is agriculture, with a smaller segment engaged in trade and civil service roles (PNS).
36 The presence of arable land and abundant water resources flowing through the village serve as primary determinants of the communityAos inclination towards farming.
Furthermore, the prevalent lack of educational attainment within the community contributes significantly to the predominance of agriculture as a livelihood.
Beyond the agricultural sector, the village exhibits promising prospects in mining, water management, fisheries, tourism, and micro, small, and medium 37 Nonetheless, despite its considerable potential, the village continues to grapple with relatively modest socio-economic challenges.
The practice of nyambut sawah is prevalent in Tejamari, primarily driven by the abundance of expansive agricultural land and the modest economic status of most farmers.
Typically, this practice is informally conducted through verbal agreements between field owners and cultivators, often without the presence of witnesses.
Under this arrangement, the field owner is tasked with providing the land, while the cultivator undertakes the cultivation activities to yield rice crops.
Profit-sharing is governed by paro .
half-share syste.
The absence of formal witnesses and written contracts in the nyambut sawah tradition stems from the high level of trust between the involved parties.
39 Moreover, the practice is underpinned by the principle of mutual aid, wherein landowners who are unable to cultivate their rice fields extend opportunities to landless farmers to earn income through their labour.
Yusa.
Interview with a Religious Figure of Tejamari Village.
Agriculture is a fundamental sector in fulfilling the food needs of the Indonesian community.
See: Musleh Harry and Nur Jannani.
AuProblematika Pengendalian Konversi Tanah Pertanian untuk Mewujudkan Keadilan Lahan Pangan Berkelanjutan di Kota Malang/The Problems of Controlling Agricultural Soil Conversion to Achieve Sustainable Food Land Justice in Malang City,Ay De Jure: Jurnal Hukum dan SyarAoiah 12, no.
2 (December 31, 2.
: 227Ae40.
Official Website of Tejamari Village.
AuABOUT US: Tejamari Village,Ay accessed January 13, 2024, https://tejamari-baros.
id/profil/.
Ifat.
Interview with an Office Staff of Tejamari Village.
Official Website of Tejamari Village.
AuABOUT US: Tejamari Village.
Ay Ifat.
Interview with an Office Staff of Tejamari Village.
Such collaborative agreements lack strong legal protection.
See: Widaningsih Widaningsih et al.
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Yusa.
Interview with a Religious Figure of Tejamari Village.
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West Java,Ay ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin 19, no.
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Five Cooperation Agreement Models The practice of nyambut sawah encompasses five cooperation agreement models, categorised based on the allocation of tasks between the landowner and the cultivator.
In the first model, the landowner solely provides the land, while the cultivator assumes responsibility for all associated materials and costs involved in rice field management.
Apart from land and labour, essential capital inputs include rice seeds, fertilisers, pest control measures, and agricultural tools such as hoes, sickles, and tractors.
In the second through fifth models, both landowners and cultivators contribute jointly to the capital investment required for land management.
Within the profit-sharing arrangement, the percentage of profits distributed is determined through a proportional system .
agreed upon by both parties.
Additionally, risk sharing entails a collective responsibility in the event of losses stemming from natural disasters or external human factors.
However, if losses are attributed to the cultivatorAos negligence, then the cultivator bears sole responsibility.
In the first model, the proprietor of the field provides the farmland, while the cultivator assumes responsibility for cultivating the field and procuring planting necessities.
The cultivatorAos duties encompass various tasks, including sourcing rice seeds, fertilisers, pest control remedies and overseeing land management activities such as soil preparation, irrigation, fertilisation, and pest management from planting to harvest.
Under the profitsharing system inherent in the nyambut sawah practice, profits are derived from the gross income of the harvest, with each party - the field owner and the cultivator - receiving an equal share of 50%.
Notably, the profit-sharing allocation from the harvest does not deduct expenses related to the cultivation and management of the fields incurred by the cultivator, such as the procurement of rice seeds, fertilisers, pest control remedies, and other land management costs.
42 Consequently, the cultivator stands to gain a profit equivalent to 50% of the gross harvest.
The initial model of the nyambut sawah practice, exemplified by the collaboration between Juhenah .
he landowne.
and Amin .
he cultivato.
, emerged in response to the cultivatorAos financial hardship in settling his debt to the landowner.
To alleviate this indebtedness, the landowner extended an offer of cooperation to the cultivator, permitting him to work on the land.
The ensuing profits from the cultivation endeavour were designated to offset the cultivatorAos outstanding debt.
The landowner expressly articulated that the objective of this collaborative venture was to ensure the consistent repayment of the tenantAos It was emphasised that while the cooperative cultivation arrangement aimed to ameliorate the economic circumstances of the cultivators, the imperative of debt repayment remained unchanged.
In the second model, the landowner assumes responsibility for providing the land, rice seeds, and fertilisers, while the cultivator is tasked with cultivating the land and procuring all necessary crops, including rice seeds, fertilisers, pest control remedies, and land management Unlike the first model, wherein only the cultivator bears the burden of providing Ifat.
Interview with an Office Staff of Tejamari Village.
Juhenah.
Interview with an Agricultural Landowner.
May 21, 2023.
Amin.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
Amin.
Interview with an Agricultural Land Worker (Farme.
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capital for rice seeds and fertilisers, both the landowner and the cultivator contribute capital for these inputs in the second model.
However, the cultivator bears a greater financial burden compared to the landowner, as the cultivator is also required to finance expenditures for pest control medications and land management equipment.
For instance, if the capital required for rice seeds amounts to IDR250,000, each party is expected to contribute IDR125,000.
The same principle applies to the capital allocation for the procurement of fertilisers.
The specific arrangement regarding the division of capital for rice seeds and fertilisers is contingent upon the economic circumstances of both parties.
As the capital for procuring rice seeds and fertiliser is jointly contributed by both parties, profit-sharing is executed through a proportional system based on the net harvest income .
Prior to distribution according to the predetermined percentage, the harvest proceeds are first subjected to deductions for the cost incurred during ngeprik padi .
he rice milling proces.
46 In instances of profit-sharing agreements between Marwiyah .
and Hanafi .
, as well as between Masitoh .
and Saeroji .
, an equal percentage of the nett harvest is agreed upon.
Accordingly, the landowner receives 50%, while the cultivator receives an equivalent 50%.
Masitoh indicated her acceptance of the agreed-upon share, occasionally extending additional remuneration to the cultivator as a gesture of appreciation for their willingness to cultivate her land.
The third model entails the landowner furnishing the farmland and fertiliser, with the cultivator assuming responsibility for cultivating the land and procuring additional necessities such as rice seeds, pest medication, and land management equipment.
Unlike the second model, where both parties share the capital investment for fertiliser, in the third model of the nyambut sawah practice, the landowner and cultivator jointly contribute capital solely for fertiliser, while the cultivator bears the expenses for rice seeds, pest medication, and land management equipment.
Under this model, profit-sharing is conducted using a proportional system based on the nett income derived from the harvest.
48 Profits are distributed after deducting expenses incurred by the cultivator, including the procurement costs of rice seeds, pest medication, ngeprik padi, and other associated land management expenditures.
Given that both parties contribute to the capital for procuring fertiliser, the profitsharing arrangement is contingent upon the mutual agreement reached between them.
For instance, in the nyambut sawah practice between Munaroh .
and Marwadi .
, the landowner receives 40% while the cultivator obtains 60% of the nett harvest Conversely, in the nyambut sawah arrangements involving Komariah .
and Samsuri .
, as well as Yusa .
and Ahmad .
, an equal profitsharing ratio of 50% is allotted to each party.
Notably, in these three instances, the distribution of profit-sharing was formalised through mutual witnessing by both parties.
This Saeroji.
Interview with an Agricultural Land Worker (Farme.
May 18, 2023.
Marwiyah.
Interview with an Agricultural Landowner.
May 21, 2023.
Saeroji.
Interview with an Agricultural Land Worker (Farme.
Ahmad Hanafi.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
Masitoh.
Interview with an Agricultural Landowner.
May 18, 2023.
Marwadi.
Interview with an Agricultural Land Worker (Farme.
May 18, 2023.
Samsuri.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
Ahmad.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
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practice serves to preempt any potential suspicions or disputes regarding the equitable distribution of harvest profits.
The fourth model entails the landowner furnishing the farmland along with capital for rice seeds and fertiliser, while the cultivator is tasked with cultivating the fields and providing capital for fertiliser, pest medication, and all other land management requirements.
Consequently, both the landowner and the cultivator contribute capital for fertiliser.
Profitsharing is determined by a parity system based on the gross harvest income, with each party - the landowner and the cultivator - receiving an equal share of 50%.
An illustration of this fourth model can be observed in the arrangement between Sukaenah .
he landowne.
and Samsuri .
he cultivato.
Despite the utilisation of a parity system derived from the gross harvest income, the cultivator does not contest it, as he expresses gratitude for the opportunity to manage SukaenahAos land.
51 According to information provided by Sukaenah, the nyambut sawah practice encountered a crop failure at one point, resulting in suboptimal profit-sharing.
Nonetheless, both parties are willing to assume the risks associated with nyambut sawah.
The fifth model entails the owner of the field providing the farmland, rice seeds, and fertiliser, while the cultivator assumes responsibility for cultivating the land and providing pest medication and all other land management necessities.
Unlike the second, third, and fourth models, there is no sharing in the provision of capital for rice seeds and fertiliser.
Both expenses are solely borne by the landowner.
An illustration of this fifth model can be observed in the arrangement between Nanang .
he landowne.
and Hasan .
he cultivato.
Given that the landowner is accountable for supplying the rice seeds and fertiliser, the profit percentage allocated to the landowner exceeds that of the cultivator, with the landowner receiving 60% and the cultivator receiving 40% of the nett harvest income.
The agreement regarding this proportional system is verbally established and witnessed by NanangAos wife and HasanAos son.
In this cooperative agreement, the cultivator does not include the cost of ngeprik padi as a deduction from the net harvest income, as the ngeprik padi process is assisted by the cultivatorAos children and wife.
53 Upon the paddy reaching maturity for harvesting, the landowner oversees the harvesting process until the profit distribution, a measure undertaken to mitigate suspicion between the two parties and ensure the smooth continuity of their Ngeprik Padi.
Whose Responsibility? The rice milling process, commonly known as Aongeprik padiAo, frequently sparks debate between landowners and cultivators.
Ngeprik padi involves separating the rice grains from their stems, typically performed by the cultivator alone or employing other people.
55 This operation can Munaroh.
Interview with an Agricultural Landowner.
May 18, 2023.
Komariah.
Interview with an Agricultural Landowner.
May 21, 2023.
Yusa.
Interview with an Agricultural Land Owner.
June 3, 2023.
Samsuri.
Interview with an Agricultural Land Worker (Farme.
Sukaenah.
Interview with an Agricultural Landowner.
May 21, 2023.
Hasan.
Interview with an Agricultural Land Worker (Farme.
May 18, 2023.
Nanang.
Interview with an Agricultural Landowner.
May 21, 2023.
Saeroji.
Interview with an Agricultural Land Worker (Farme.
Hanafi.
Interview with an Agricultural Land Worker (Farme.
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entail additional operational expenses shared by both parties.
From the landownerAos perspective, ngeprik padi falls within the cultivatorAos purview as an integral aspect of land Conversely, tenants argue that landowners should share the costs associated with the ngeprik padi process.
These divergent viewpoints between landowners and cultivators have implications for profit allocation in the nyambut sawah practice.
In the nyambut sawah arrangement between Yusa and Ahmad.
Yusa contests the inclusion of expenses related to the ngeprik padi process in the profit-sharing calculation.
argues that the ngeprik padi costs should be borne by Ahmad, as the cultivator, since it is an inherent aspect of his land management responsibilities.
YusaAos objection stems from concerns over potential reductions in the previously agreed-upon nett harvest profit.
Conversely.
Ahmad argues that the ngeprik padi expenses should be shared by both parties and deducted from the harvest proceeds.
Ultimately, a resolution was reached through mutual agreement.
They decided that deductions from the harvest profit would only cover the costs of fertiliser, with ngeprik padi expenses excluded.
This agreement was guided by the principles of mutual consent and mutual assistance between the parties.
In contrast to the case between Yusa and Ahmad, the majority of nyambut sawah arrangements incorporate the expense of ngeprik padi as deductible capital prior to profit Both partiesAo consent to distribute the net profit from the harvest using a proportional system,58 wherein profits are first offset by the capital jointly borne by the cultivator and landowner.
This capital encompasses expenses such as providing rice seeds, fertilisers, pest medications, ngeprik padi processing, and other land management costs.
According to Komariah and Samsuri, the ngeprik padi cost is considered shared capital alongside the expenses for rice seeds and fertilisers.
60 In executing profit sharing, both parties are actively engaged in profit calculation to prevent any potential deceit.
The question of accountability for the ngeprik padi expenses has emerged as a contentious issue, prompting debate between landowners and cultivators.
The perspectives presented above underscore divergent viewpoints regarding the allocation of responsibilities within the realm of land management.
From the landownerAos standpoint, ngeprik padi is deemed an intrinsic component of land management, while tenants contend that landowners should share this expense, given that the ngeprik padi process is inseparable from the overall cultivation process.
These differing perspectives manifest in various practical agreements between the two parties in the nyambut sawah practice.
Despite variations in approaches to allocating responsibility for ngeprik padi costs, principles such as mutual consent and mutual assistance serve as pivotal foundations for resolving disputes and fostering ongoing collaboration between landowners and cultivators in the nyambut sawah practice.
Yusa.
Interview with an Agricultural Landowner.
June 3, 2023.
Ahmad.
Interview with an Agricultural Land Worker .
Marwadi.
Interview with an Agricultural Land Worker (Farme.
Samsuri.
Interview with an Agricultural Land Worker (Farme.
Ahmad.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
Saeroji.
Interview with an Agricultural Land Worker (Farme.
Hanafi.
Interview with an Agricultural Land Worker (Farme.
Komariah.
Interview with an Agricultural Landowner.
May 21, 2023.
Samsuri.
Interview with an Agricultural Land Worker (Farme.
May 21, 2023.
Munaroh.
Interview with an Agricultural Landowner.
May 18, 2023.
Ifat.
Interview with an Office Staff of Tejamari Village.
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Harmonising Tradition and Sharia in the MuzAraAoah Contract In general, the fiqh literature discusses four models of muzAraAoah agreements.
63 The first model entails one party providing capital in the form of land and seeds, while the other party is tasked with tilling the land and utilising animals for cultivation.
The second model involves one party providing land while the other party supplies animals, seeds, and conducts the cultivation work.
In contrast, the third model encompasses one party offering capital in the form of land, animals, and seeds, while the other party undertakes the tilling and cultivation.
The final model describes a scenario where one party contributes land and animals, while the other party provides seeds and conducts land cultivation work.
Among these models, only the first to third are widely recognised as valid interpretations.
According to Muhammad and Abu Yusuf, considering the contract in the fourth` model as a lease of land may jeopardise its validity if the requirement for animal ploughing and land cultivation, which falls under the responsibility of the landowner, is not fulfilled.
This potential omission could render the lease contract invalid.
In the context of nyambut sawah practice, there exist five cooperation agreement models characterised by distinct customs.
These models can be examined in relation to the four muzAraAoah agreement models.
The first and third nyambut sawah models bear resemblance to the second muzAraAoah model, wherein the landowner solely provides the land while the cultivator assumes responsibility for cultivation and capital provision.
Similarly, the second, fourth, and fifth nyambut sawah models can be associated with the first muzAraAoah model, whereby the landowner furnishes both land and seeds while the cultivator manages cultivation and capital provision.
Despite both parties in the second, fourth, and fifth nyambut sawah models contributing to seed and fertiliser provision, capital is equitably expended in accordance with their agreement.
Moreover, the question arises: is the cost of ngeprik padi solely the responsibility of the cultivator, or is it shared by both landowner and cultivator? Various opinions exist among fiqh scholars regarding this matter.
65 According to the anafiyyah scholars, all aspects involved in land management and cultivation, including seeding, fall under the cultivatorAos Conversely, the joint responsibility of both parties encompasses the needs of the crops, such as fertilisation, weeding, harvesting, and related tasks.
On the contrary, the MAlikiyyah scholars argue that all crop-related needs, including tending, irrigation, cleaning, harvesting, transportation to the shelter, husking, and cleaning until they become viable seeds .
he ngeprik padi proces.
, are solely the cultivatorAos responsibility.
Consequently, the landownerAos viewpoint66 attributing the cost of ngeprik padi to the cultivator aligns with the teachings of the anafiyyah scholars, while the cultivatorAos stance67 advocating for shared Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, 5:621Ae622.
Marwiyah.
Interview with an Agricultural Land Owner.
May 21, 2023.
Munaroh.
Interview with an Agricultural Land Owner.
Komariah.
Interview with an Agricultural Land Owner.
Yusa.
Interview with an Agricultural Land Owner.
Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, 5:622Ae623.
Yusa.
Interview with an Agricultural Landowner.
June 3, 2023.
Ahmad.
Interview with an Agricultural Land Worker (Farme.
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responsibility is consistent with the teachings of the MAlikiyyah scholars.
Thus, the divergent perspectives on this matter are each substantiated by legal foundations rooted in varying interpretations among fiqh scholars.
Based on the five models of nyambut sawah practice observed in Tejamari, it is evident that the practice entails a cooperative agreement.
Broadly speaking, one party typically supplies capital in the form of land and seeds, while the other assumes responsibility for cultivating the land.
This allocation of tasks and obligations is mutually agreed upon by the involved parties.
Likewise, profit and risk sharing are delineated accordingly.
Most profitsharing arrangements between landowners and cultivators adopt a parity system, commonly set at 50:50, although a minority opt for a distribution of 60:40.
The agreed-upon profitsharing percentage is established during the nyambut sawah contract negotiation.
Risk-sharing is a collective responsibility in cases of losses due to natural disasters but shifts to the cultivatorAos accountability if losses result from the cultivatorAos negligence.
The nyambut sawah practice aligns with the principle of muzAraAoah, initially framed as an ijArah contract before evolving into a syarikah contract.
68 These contracts fall within the realm of muAoAwasah contracts in fiqh muAoAmalah, representing commercial agreements seemingly driven by material considerations and diverse personal interests.
Among the people of Aceh, this muzAraAoah practice is referred to as mawah blang.
Here, the landowner delegates the cultivation of their paddy field to a cultivator, often a relative.
In West Java, this tradition was initiated by pondok pesantren .
n Islamic traditional education institutio.
, involving not only local farmers but also various stakeholders from academia, government, businesses, financial institutions, markets, and non-governmental 71 In Jorong Mandahiling.
Nagari Pagaruyung, this practice was instigated by landless tenants offering to collaborate with owners of idle land to cultivate short-lived fruits and vegetables during fallow periods.
The muzAraAoah practice operates on the principle of mutual aid between overwhelmed landowners and skilled cultivators lacking land 72 This underscores a form of social solidarity between landowners and cultivators, evidenced by reciprocal assistance during times of need.
The concordance between tradition and Sharia manifests through a comparison of the muzAraAoah agreement models in fiqh literature and the five cooperation agreement models in Al-Zuuail.
Al-Fiqh al-IslAm wa Adillatuh, 5:615Ae16.
Jamal Abdul Aziz and Uus Uswatusolihah.
AuThe Dichotomy Between TabarruAo and MuAoywasah Contracts:
Perspective of Indonesian Law of Obligation,Ay Al-Manahij: Jurnal Kajian Hukum Islam 16, no.
1 (May 30, 2.
: 103Ae14.
Maulana and Amri.
AuPolarization of Profit Sharing of Paddy Cultivation in the Acehnese Community as an Attempt to Alleviate Poverty,Ay 300.
Ali Aminulloh et al.
AuMuzyraAoah as a Model and Practice of Pesantren Agricultural Cooperation in Improving the Welfare of Farmers in West Java,Ay International Journal of Social Science.
Education.
Communication and Economics (SINOMICS JOURNAL) 2, no.
6 (February 9, 2.
: 1671Ae80.
Fahlefi.
Alimin, and Nauri.
AuUtilization of Agricultural Land During the Planting Break in Jorong Mandahiling Nagari Pagaruyung.
West Sumatra,Ay 60.
Maulidizen and Athoillah.
AuThe Concept of MuzAraAoah and Its Implications on Socio-Economic of Society in Cianjur.
West Java,Ay 229Ae47.
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the nyambut sawah practice.
Both frameworks exhibit analogous patterns in task allocation, responsibilities, profit-sharing, and risk management between landowners and cultivators, all established through mutual consensus.
Despite varying opinions among fiqh scholars regarding the ngeprik padi costAos responsibility, the ethos of cooperation and social support prevails in this practice, as evidenced by landowners and cultivators aiding each other in resolving financial hardships such as debt repayment.
74 The nyambut sawah practice adheres to muzAraAoah principles, aligning with the legal provisions governing muamalah activities .
laukAm al-sya.
The findings demonstrate that tradition and Sharia can synergise to address the sustainability of agricultural activities, emphasising cooperation and social support between landowners and cultivators.
This study contributes to ongoing scholarly discourse examining the nuanced interplay between these legal systems.
76 When customary law aligns closely with Islamic principles,77 their interaction is characterised by harmony, integration, and collaboration, exemplified in practices like marriage78 and inheritance.
79 However, in certain contexts, customary law may supersede community practices,80 or vice versa.
81 Consequently, the concordance between customary and Islamic law extends beyond Islamic business law Amin.
Interview with an Agricultural Land Worker (Farme.
See: Taufiq Taufiq and Razali Razali.
AuIhtikar: Perilaku Menimbun dalam Kajian Muamalah,Ay JURIS (Jurnal Ilmiah Syaria.
19, no.
1 (June 29, 2.
: 85.
Mohamad Anton Athoillah et al.
AuThe Historicity of the Economic Verses on Fatwa of DSN-MUI about Sharia Electronic Money,Ay Jurnal Ilmiah Peuradeun 9, no.
(January 30, 2.
: 8Ae11.
Anis Masykhur.
AuTitik Singgung Hukum Islam dengan Hukum Adat pada Naskah Perundang-Undangan Kerajaan Islam di Nusantara,Ay Al-Manahij: Jurnal Kajian Hukum Islam 14, no.
2 (December 3, 2.
: 295Ae Muhammad Mutawali.
AuThe Dialectics of Customary Law and Islamic Law: An Experience from Dou Donggo Customs of Bima.
Indonesia,Ay AHKAM: Jurnal Ilmu Syariah 21, no.
1 (June 30, 2.
: 45Ae64.
See: Mursyid Djawas et al.
AuThe Integration Between SyaraAo and AdeAo in Marriage Tradition Bugis Bone.
South Sulawesi,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 18, no.
2 (October 15, 2.
: 342Ae63.
Rosdalina Bukido et al.
AuHarmonization of Customary and Islamic Law in the Gama Tradition of the Muslim Mongondow Community of North Sulawesi,Ay Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 22, no.
2 (December 16, 2.
: 239Ae54.
Usman Al Farisi et al.
AuNegotiation Between Customary Law and Islamic Law: The Practice of Palang Pintu in the Traditional Marriage in the Betawi Muslim Community,Ay De Jure: Jurnal Hukum dan SyarAoiah 15, no.
2 (December 31, 2.
: 268Ae85.
Andi Sukmawati Assaad et al.
AuGender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 17, no.
2 (December 31, 2.
458Ae79.
RR Dewi Anggraeni.
AuIslamic Law and Customary Law in Contemporary Legal Pluralism in Indonesia:
Tension and Constraints,Ay AHKAM: Jurnal Ilmu Syariah 23, no.
1 (June 16, 2.
: 25Ae48.
See: Fahmi Fatwa Rosyadi Satria Hamdani et al.
AuTraditional Law vs.
Islamic Law.
An Analysis of Muslim Community Awareness in Inheritance Issues,Ay Al-Ahkam 32, no.
1 (April 28, 2.
: 109Ae30.
Surya Sukti.
Munib Munib, and Imam S Arifin.
AuPernikahan Adat Dayak Ngaju Perspektif Hukum Islam (Studi di Kabupaten Gunung Mas Kalimantan Tenga.
,Ay El-Mashlahah 10, no.
2 (December 30, 2.
: 65Ae75.
Hamid Pongoliu.
AuPembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo,Ay Al-Manahij: Jurnal Kajian Hukum Islam 13, no.
2 (November 28, 2.
: 187Ae202.
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to encompass domains such as Islamic family law,82 Islamic criminal law, 83 and religious Conclusion The practice of nyambut sawah in Tejamari exemplifies a robust alignment between local customs and Islamic Sharia principles.
This alignment is evident in the five models of cooperative agreements governing agricultural land management between landowners and Despite diverging views on the responsibility for the cost of ngeprik padi, the practice maintains core values of mutual assistance between landowners and cultivators, embodying the principle of mutual aid in addressing economic challenges.
From a Sharia standpoint, the nyambut sawah practice embodies the essence of muzAraAoah, wherein the allocation of tasks, responsibilities, profits, and risks is mutually agreed upon.
This underscores the symbiotic relationship between local traditions and religious precepts in offering sustainable solutions for agricultural endeavours.
The concordance between local traditions and Sharia principles in nyambut sawah underscores the adaptability of Islamic teachings to diverse socio-cultural landscapes in Indonesia, underscoring their relevance in contemporary daily life.
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