Menelaah Fiqh dan Praktik Akad Muzara‘ah Pertanian Mikro Modern: Ideal Normatif dan Realitas Empirik

Abstract

 This study aims to examine the compatibility of the principles of Islamic jurisprudence (fiqh) in the muzara'ah contract with modern micro-agricultural practices developing in rural Indonesia. In fiqh literature, muzara'ah is understood as a partnership between landowners (shahib al-ardh) and cultivators (Amil) with agreed-upon distribution of produce. However, in practice, this practice often undergoes modifications to reflect economic, technological, and social dynamics. This study uses a descriptive qualitative approach with normative-empirical analysis, combining studies of classical and contemporary fiqh literature and field observations in Clumprit village, Malang Regency, East Java involving five informants (landowners, cultivators, and community members). The results indicate that modern muzara'ah practices tend to deviate from normative ideals, particularly in terms of farmers' limited literacy regarding the Muzara'ah contract, technical assistance, profit sharing, capital, and technology use. Nevertheless, the principles of justice, mutual assistance, and mutual assistance along with the principles of (1) mutual consent (taradi): agreement reached without coercion; (2) justice (‘adl): profit-sharing commensurate with contribution; (3) transparency: clarity regarding the land, planting period, crop type, and profit sharing ratio; and (4) the absence of gharar (uncertainty) or riba; remain the dominant values ​​that maintain the relevance of this contract in the context of modern micro-agriculture and the enhancement of well-being.