Sharecropping Agreement in Accordance with Maqasid Al-Syariah

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Sharecropping Agreement in Accordance with
Maqasid Al-Syariah
Muhammad Fajar Pramono1*, Mulyono Jamal1, Ruchhima1, Nur Azizah Latifah1
1 University of Darussalam Gontor, Ponorogo, Indonesia
*Corresponding author. Email: mfpramono@unida.gontor.ac.id
ABSTRACT
This research was conducted in Sambirejo village Ngawi, where the majority of the population worked as
farmers and one of the systems by the community to cultivate land was the sharecropping system. The
sharecropping agreement is carried out based on the traditions or customs in the village. The ratio is
determined based on the planting season, not in the capital proportion. The agreement is carried out verbally
and there is no period determination. The purpose of this study is to determine the implementation of the
sharecropping system in the Sambirejo village and analyse its application according to Maqasid Syariah. This
research uses the qualitative descriptive method with primary and secondary data obtained through
observation, unstructured interviews and documentation. The results of the study indicate that the
implementation of the sharecropping agreement, in general, is carried out according to the customs in the
village, namely verbally and without determining the agreement period. The profit sharing ratios namely,
mertelu, merpapat and moro limo are determined based on the planting season, except for maro. The
determination of the profit sharing proportion is determined based on the provision of capital included in the
agreement. If it is viewed based on the seeds provision, the sharecropping includes mukhabarah, because most
of the farmers provide the seeds. However, the sharecropping agreement is not entirely in accordance with
mukhabarah, especially in the capital contributions of seeds, the profit sharing proportion that is not in
accordance with the capital provided and the time of the agreement that is not determined initially. Overall,
the sharecropping agreement implemented by the community in Sambirejo village has been in line with the
concept of muamalah in Islamic economic law; namely, there is a value of cooperation, honesty and justice
between the two parties.
Keywords: sharecropping, mukhabarah, custom, Maqasid Syariah
1. INTRODUCTION
The sharecropping system has become a downward
tradition that is used by rural communities [1]. is a solution
for agricultural problems in society, such as land
depreciation due to the conversion of agricultural land for
housing; low employment opportunities in other sectors
which results in increased employment in the agrarian
sector; and limited area owned by farmers [2]. With the
increasing number of cultivators, the sharecropping system
is able to connect the needs of landowners for labor to
cultivate their land with farmer groups that do not have
agricultural land [3]. However, this can be seen from the
fact that there are still many people using sharecropping
systems in farming, especially in rural areas [4].
The sharecropping based on custom, is also applied by the
community in Sambirejo village, where most of the people
work as farmers. Based on village custom, the distribution
of results is not shared proportionally. In practice the ratio
is determined based on the planting season, not on the
capital provision; the agreement is carried out verbally and
there is no period determination.
2. METHOD
This research is qualitative research and data collection is
carried out in triangulation, data analysis is inductive and
the results of qualitative research emphasize the meaning
rather than generalization [5]. So that research will be
carried out by observing directly, which reality in the field
will be used as primary sources. With the main object is the
sharecropping agreement between landowners and farmers
in Sambirejo village.
The analysis that will be used is descriptive analysis that is
analyzing data by describing data that has been collected. In
the early stages’ researchers looked for facts about the
concept of sharecropping by the community through
observation, interviews, and documentation. After data
collected the mass of data organized and reduced by
selecting, focusing, and transforming data to transcriptions.
After the data is reduced the author analyzes the results that
have been collected by the sharecropping concept according
to Islamic law.
This study only discusses the sharecropping in agriculture
with the analysis of Maqasid Syariah consisting of
Advances in Social Science, Education and Humanities Research, volume 436
1st Borobudur International Symposium on Humanities, Economics
and Social Sciences (BIS-HESS 2019)
Copyright © 2020 The Authors. Published by Atlantis Press SARL.
This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 235
maqashid dharuriyyah, haajiyyah and tahsiniyyah. The
purpose of this study is to describe the definition of

sharecropping in Islam and Maqasid Syariah in general, the
practice of sharecropping agreements in Sambirejo village
and the practice of sharecropping agreements in Sambirejo
village according to the maqasid. The analysis tool used to
analyse the proportion of sharecropping in Sambirejo
village is Maqasid Syariah.
2.1. The Definition of Sharecropping
In Islamic law, profit sharing in agricultural business is
called muzara’ah. Muzara’ah is derived from the word
zara’a, which means crop [6]. In terms of muzara’ah, it
means giving land to the farmer so that he gets a share of
the crop. For example, one third, one half or more or less
than that [7]. So the result of muzara’ah is a joint share of
the crops between a landowner and farmer, with the profit
sharing in accordance with a mutual agreement between the
two parties.[8] The Malikis defined it as a partnership in
crops. However, the Hanbalis defined it as a landlord giving
a farmer access to work his land of plant it, with an
agreement to share the crop [9].
The term muzara’ah is a form of contract (mu’amalah)
between two parties, which is similar with the term
mukhabarah. Mukhabara, is derived from khabara, which
means fertile land, or muhaqala. The Shafi’is defined
mukhabara as working the land in exchange for part of the
produce, where the farmer provides all seeds [10]. Some
jurists compare the term muzara’ah with the term
Mukhabarah, with some considering them similar, while
others making a distinction on the basis of who supplies the
seeds needed for sowing or capital used in the partnership.
If the plant seeds or the capital comes mostly from the
landowner, then the sharecropping contract is muzara’ah.
Whereas if the plant seeds or capital come mostly from the
farmer, then the sharecropping contract is called
mukhabarah [11].
In sharecropping outlined above, farmers and landowners in
Sambirejo village use the sharecropping system because
they indirectly feel the maslahah or the benefits of the profit
sharing and the mutual benefits between the two parties.
The scope of Shari'a is the main objective that can be
accepted by all human beings and this goal is called
maqashid as-sharia, according to the level of importance in
human life. This can be implemented in three levels, namely
dharuriyah, hajjiyah and tahsiniyah [12].
2.1.1. The element
The elements in the contract, according to the majority of
Islamic jurisprudence scholars, are the parties who carried
out the contract, the object of the contract and the offer and
acceptance [13].
2.1.2. The Conditions
The legal requirements for mukhabarah are specifically
found on both parties, crops, planting land, what is required
and the term of the agreement. The following are the details
of such requirements:
a. The parties’ conditions
There are two conditions for those who do mukhabarah,
namely: ‘Sane’- the parties within the contract must be
sane. If parties are not sane, do not fully understand
mukhabarah and do not have the ability to issue or
receive or make an agreement, then the contract is void.
Because the ability to give and receive a valid condition
for someone to do a legal act. Whereas bulugh (majority
or legal age) is not a condition to be allowed to do
mukhabarah contract.
b. The Seed
According to Hanafis and Hanbalis, the types of crop to
be planted must be known, as well as the type and nature
[14]. Therefore, it is required to explain the types of
plants that will be planted to avoid a disadvantage. Once
the landowner allows the farmer to plant crops in
according to the wishes of the farmer, the farmer does
not need to explain the type of crops to be planted [15].
c. The produce conditions
The agricultural produce is the result that will be
distributed to both parties who carried out the
mukhabarah contract, with the following conditions:
The produce must be outlined at the beginning of the
agreement to avoid a dispute. The produce must divided
according unidentified shares such as half, one third,
quarter, etc. [16].
d. The object of contract conditions
The object of the mukhabarah contract must be known,
because ignorance causes disputes and hostility. First,
the benefits of the workers become the object of
mukhabarah. The benefits of employment become an
object if the landowner provided the seed, because the
landowner becomes the person who employs the farmer
to work on his farm in return for a certain part of the
crop. Second, the benefits of land can be an object if the
seed comes from the farmer, because the farmer
becomes the tenant of the land by paying the landowner
with a portion of the yield that grows from the land.
e. The land conditions
Giving full access to the farmer to use the land for
agriculture. If the contract includes a condition of the
landowner to interfere in, then the mukhabarah contract
would be deemed invalid.
f. The production tools conditions
The use of tools or livestock is not a purpose of the
contract, but it must be a derivative of the contract.
Thus, the mukhabarah contract would be deemed
defective if the contract is written for the express
purpose of using such tools or animals [17].
g. The period of contract conditions
The duration of mukhabarah must be known, since the
contract is in essence a lease in exchange for crop share,
because a lease is invalid if the period is unknown, so is
mukhabarah [18]. The scholars of Islamic jurisprudence
have different views as follows: According to Hanafis’
opinion, the mukhabarah contract must have a time limit
if it has not been determined; otherwise, if the time limit
is unknown, then the mukhabarah contract becomes
vitiated, because mukhabarah is a rent with result from
the produce and ijarah is invalid if the time is unknown.
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The condition is required to determine sufficient time
limits for planting until harvesting and allowing it to
carry out mukhabarah for many years with an
explanation and limitations regarding the time of the
agreement. Some Hanafis believe that it is illegitimate
if the time of the contract is not explained. According to
Hanbalis, there is no requirement for an explanation of
the time limit of the muzara’a contract, because the
Prophet did not mention the time for the Khaibar.
2.2. The definition of maqasid al-syariah
Maqashid sharia consists of two words, namely maqasid
and syariah. Maqashid means intention or purpose;
maqashid is a form of maqsud derived from the word
qashada, which means desire or meaning. Maqashid means
things that are intended and intended [19]. According to the
term: according to the jurist, there is no special discussion
in maqashid sharia, in order to understand and interpret the
knowledge of maqashid sharia in detail; however, only in
the writing of some maqashid syariah or only of types [20].
According to Muhammad 'Abdul'atii, the scholars have not
understood maqashid sharia as their level of understanding
of the topics that are in accordance with their knowledge,
then according to as-satibi as the Sheikh of scholars in the
maqashid, there is no clear limitation. However, the imam
al-syatibi has not written his book specifically in the
maqashid according to human approval in general;
however, the imam al-syatibi is an expert in sharia science
and has a lot of understanding about maqashid sharia [21].
As it relates to the opinion of the Islamic scholars in the
classification of Maqashid syari'ah, Ghazali mentioned that
the purpose of Shari'a is to maintain 5 aspects, namely
religion, soul, 'aql, heredity and wealth. So whoever cares
for these 5 bases, will get the benefit/safety and if one of
them is lost, then there will be damage done. The purpose
described to guard against damage and bring to the
maslahah [22].
According to ulama al-Syatibi as Sheikh in the maqashid
syariah said, the benefits that will be realised are divided
into three levels, namely the need for dharuriyat, hajiyat and
tahsiniyat. According to al-Syatibi, there are five things that
fall into the category of necessity of dharuriyat i.e.
maintaining religion, soul, intellect, ancestry and wealth. To
preserve these five points, Islamic law is revealed [23].
In general, the maqashid syariah is divided into 2 parts:
[first], the maqashid returned to the intentions of syar' i. The
purpose of syar' i here is to lower the law to the creature by
one cause, i.e. benefit, good benefit in the World and benefit
in the Hereafter. Second: Sharia law is returned to the
mukallaf purpose. In addition to the division above,
maqashid sharia is also divided according to its importance
in human life. It can be implemented in three levels, namely
dharuriyah, hajjiyah and tahsiniyah. This division is used to
maintain the five basic elements of life in order to achieve
human benefit [24].
2.2.1. Maqashid Dharuriyah
Maqashid Dharuriyah is something that must exist for the
survival of life and human life (primary); if it is not fulfilled,
it will cause damage in human life. Maqashid Dharuriyah is
divided into five parts: Hifdzu al-din, hifdzu al-nafs, hifdz
an-Nasl, hifdz al-Maal and hifdzu-al-‘Aqli, as a condition
for the creation of the benefit of one's life.
2.2.2. Maqashid al- Hajiyyah
Maqashid al-Hajiyyah is a further effort after the fulfilment
of maqashid Daruriyah / basic needs, commonly referred to
as secondary needs. This aims to fulfil various secondary
needs of human life and if these life needs are not met, it
will have a negative impact on humans. However, the
consequences are not as large or as heavy as the
consequences caused by the disappearance or non-
fulfilment of Maqasid Daruriyah [25].
2.2.3. Maqashid Tahsiniyah
Maqashid Tahsiniyah is to use everything that is appropriate
and away from bad behaviour, which aims at the perfection
of maintaining the five main laws of maqashid sharia.
3. RESULTS AND DISCUSSION
3.1. Sharecropping Agreement Form
The sharecropping agreement carried out by the community
in Sambirejo Village is an agreement in the form of an oral
agreement.
3.2. The Sharecropping Period
Landowners and farmers do not determine the duration of
the sharecropping agreement. In the sharecropping
agreement carried out by farmers and landowners, the
length of the agreement is not determined, thus, it does not
include how long the agreement is carried out and when the
agreement terminates.
3.3. The contract rescission
The period that is not specified in the sharecropping
agreement causes it to continue with an unclear period. The
sharecropping agreement ends if the farmer is unable to
work on the land. Farmers end the agreement due to old age,
health and other similar factors. The sharecropping
agreement is terminated when the farmer is no longer able
to work on the rice fields. To end the agreement, the farmers
convey it directly to the landowner. Then, landowners can
find other farmers to replace their cultivators. Then, the
cultivation of rice fields is done by the next farmer.
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After the farmer terminates the contract with the landowner,
the next farmer would be responsible for cultivation
continuation. This occurs if the cultivation of the land has
not been completed or not yet harvested, but if the
agreement is terminated after harvest, the next farmer takes
full responsibility for the land. In Sambirejo village, the
death of one of the parties has never been the reason for the
end of the sharecropping agreement.
If the farmer is not able to work on it, but still wants to
continue the agreement, the cultivation will be continued by
his child, where the offer of cultivation from farmers to
children is carried out without notifying the landowners.
The offer of responsibility is not notified to the landowner,
because the landowner has given the rights to the farmer; as
long as the farmer is still willing to be responsible for the
land, the landowner does not interfere in the land
cultivation.
In addition, a landowner can end the sharecropping if
according to him, the farmer's job is unsatisfactory. The lack
of effort by farmers in managing land can be seen from the
poor yields. However, with poor harvest conditions, it is
indeed caused by a lack of farmer performance, not from
natural factors. Then the owner can end the agreement for
sharecropping after the harvest period. According to the
informant, no one has ever ended in the middle of the
planting period; if the owner wants to take over the land,
then it is done after the harvest period ends.
The end of the production sharing agreement is based on the
harvest period; if the crop is not good, the owner can
terminate the agreement and look for other farmers to work
on the farm during the next harvest.
The agreement can end with the wishes of the landowner. If
the landowner wants to manage his own land, the farmer
returns the land to the owner after the harvest period.
3.4. Provision of Production Tools
The supply of materials and production equipment is
provided by farmers. Production materials are materials
needed in the processing of agricultural lands such as seeds,
fertilizers, medicines and water, while production tools
include plows, hoes and others.
3.5. The Determination of Sharecropping Ratio
The owner and farmer divide the harvest using a ratio of
maro (half), mertelu (one third), merpapat (one quarter) and
morolimo (one fifth). The sharecropping agreement system
has not changed, except in the profit-sharing ratio adjusted
to the agreement between landowners and farmers. The
proportion is determined based on the planting season,
namely as follows:
a. In the Rendeng or rainy season, agricultural products
are divided by a ratio of 1: 3 (mertelu).
b. In the Walikan season, which is between the rainy and
dry seasons, the farmers get a share with a quarter ratio
(merpapat).
c. In the Ghadu season or dry season, the results are
divided by a ratio of one fifth (morolimo). The ratio
during the dry season is one fifth, because during the
dry season, the paddy fields lack water. Therefore,
farmers have to buy water to irrigate the land.
Division by half ratio only occurs if farmers and landowners
want a share of half of the agricultural produce. Even
though the season changes to the season of Rendeng,
Walikan and Ghadu the distribution ratio does not change;
it is still 50:50 following the wishes of both parties.
Distribution with a ratio of 50:50 or maro is done by
dividing the provision of materials and production tools or
dividing the two costs to manage the land and then sharing
the harvest into two.
3.6. The Distributed of Yield
The portion received by landowners can be shared in the
form of money, grain or both. The results submitted by
farmers to landowners can be in the form of money or grain.
Distribution is carried out directly at the time of weighing,
which is after the total harvest can be known. The gross
yield will be deducted by the cost of cutting the rice and
then divided according to the ratio agreed upon by both
parties. Subsequently, the agricultural harvest shows a
record of the calculation of the yield obtained to the
landowner as evidence.
So, the division in the production sharing agreement in
Sambirejo village is carried out after the harvest has been
collected, which is in accordance with the agreed ratio or
according to the season. The results are handed over to
landowners in the form of money or grain depending on the
agreement of the two parties.
3.7. The Harvest Failure
Cultivating land cannot be separated from the possibility of
crop failure. The natural conditions are the cause of crop
failure, such as during the dry season, there are obstacles to
irrigate fields. This lack of irrigation is the reason for crop
failure. As for pest attacks in the rainy season, farmers can
prevent pests damage to the rice by doubling the pesticide.
According to farmers, if they do not want crop failure due
to the paddy being stricken with disease, farmers must
increase the amount of pesticide.
Landowners usually do not get their share if there is a
failure. From the explanation, the owner does not get a part
of the harvest if the crop failed. When the cultivated land
fails, the farmers are most disadvantaged. They bear a large
loss because the costs incurred for working on the land are
very high. From this, it is seen that the risk of crop failure is
the responsibility of farmers. So when a crop fails, an
agreement that has been formed cannot be fulfilled, namely
the share in accordance with the profit sharing ratio.
However, for sharecropping with maro, is carried out in
accordance with the agreed ratio, which is half of the
agricultural products.
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3.8. Sharecropping Agreement According to
Maqasid Syariah
The implementation of the sharecropping agreement has
existed since the time of the Prophet Muhammad and was
practised by Muslims in that era, because the Prophet
allowed it. Sambirejo village, Mantingan, Ngawi is an area
that has been used in this agreement for a long time. So,
when viewed from the number of farmers who carry out the
agreement, there must be some benefits they receive, so that
they can continue to implement this sharecropping
agreement. In practice, this profit sharing can be analysed
based on Maqhasid al-Haajiyah as the main medium for
evaluating systems and practices that are decades old,
hereditary activities that can be felt in general and also
analysed based on maqhasid at-Tahsiniyyah- the second
medium for analysing several landowners and
sharecroppers.
3.8.1. Maqhasid al-Haajiyyah
According to Wahbah Zuhaili, maqhasid haajiyyah is the
benefit that human beings need to facilitate them and raise
their difficulties [26]. Maqhasid al-Haajiyah according to
al-Syatibi, is something that should be there in order to
implement it freely and avoid the difficulties. If this does
not exist, it will not cause damage or death, but it will imply
the difficulties [27]. According to 'Alaalul Faasi, haajiyyah
is the facility that includes the affairs of Ibadah, custom,
Mu'amalat and Jinaayaat. The Qur'an mentions:
The sharecropping in Sambirejo village, according to
maqahasid al-Hajiyah in its sense, can provide ease and
avoid the difficulties. Some of the facilities felt by
landowners and farmers with the share of agricultural
produce are as follows:
With a system of sharecropping, landowners feel maslahah
in land ownership, because the land is used and does not feel
difficult in the cultivation of the land, because if it is tackled
by the landowners themselves, the ordinary results will be
as much as losing funds and even experiencing losses
caused by landowners less expert in managing their land.
When viewed from the maslahah, the farmers do not have
to rent land to work on because they will suffer from the
expense and the results are not fixed. If the farmer uses a
sharecropping system, then if the harvest reaps a profit, then
the result is divided by both farmers and landowners.
3.8.2. Maqhasid at-Tahsiiniyah
According to al-Syatibi, at-Tahsiniyyah is a benefit related
to good customs aligned with good morals/morality [28].
When viewed from the sharecropping practices of
Sambirejo village, landowners and farmers feel the
existence of the maqashid tahsiniyah, because with this
sharecropping creates an honest custom and mutual trust
between landowners and farmers, establishing akhlaqul
karimah between them. Honesty is a highly regarded value
by landowners and farmers of Sambirejo village, although
they do not use authentic evidence or contract of agreement
in sharecropping.
In addition, the nature of akhlaqul karimah is created from
honesty and mutual trust between landowners and farmers
in the presence of sincerity if the results of the estimation
are less in line with the actual amount. So, there is no fight
and hostility between the two; they always maintain
harmony and peace between landlord and farmer in
Sambirejo Village when executing the sharecropping
agreement.
Thus, this sharecropping agreement becomes a hajiyah for
them, because it has helped landowners to work on their
land and assist farmers to get a job and earn a clear income,
compared to land rent that only burdens the farmers.
Lastly, if it is reviewed from the maqashid at-tahsiniyah in
the perspective of al-Syatibi that includes the perfection of
the noble habits and virtues [29], Maqashid at-Tahsiniyyah
is something which brings perfection in an activity that is
done and if left behind it will not cause difficulties [30] As
done by landowners and farmers in Sambirejo village, they
feel comfortable and there is honesty in the deal, although
not using authentic and identical data to benefit both.
4. CONCLUSION
In the implementation of the sharecropping agreement
carried out in the village of Sambirejo, although it is not yet
fully in accordance with the agreement on sharecropping in
Islamic law, they use the habits of the local community.
However, in the agreement, there have been helpful values,
mutual trust and honesty that have led to benefit. The
sharing agreement gives a lot of benefit to the landowners
and farmers if it is viewed from the maqhasid al-Shari'ah in
the haajiyyah level, which can eliminate the difficulties for
the mukallaf. As the authors have examined, some of the
landowners and farmers do not always use sharecropping
agreements. Thus, this sharing agreement becomes a
hajjiyah for them, because the existence of a sharecropping
agreement has helped landowners to cultivate their land and
helps farmers to get jobs and earn clear income, compared
to land leasing, which only burdens farmers.
Finally, if viewed from maqashid at-tahsiniyah, which
includes the perfection of customs and noble character and
so is Maqashid at-Tahsiniyyah is something that brings
perfection in an activity carried out and if abandoned it will
not cause difficulties. As done by landowners and farmers
in Sambirejo village, they feel comfortable and there is
honesty in making agreements, even though they do not use
authentic data and give both of them benefit.
REFERENCES
[1] A. Hakim, “Kearifan lokal dalam ekonomi islam
(studi atas aplikasi al-urf sebagai dasar adopsi)”,
Akademika, Volume 8, Nomor 1, 2014.
[2] T. Wahyuningsih, “Sistem bagi hasil maro sebagai
upaya mewujudkan solidaritas masyarakat”, Jurnal
Komunitas, 2011.
Advances in Social Science, Education and Humanities Research, volume 436
239

[3] D. Lubis, “Analisis pendapatan petani penggarap
dengan akad muzara’ah dan faktor yang
mempengaruhinya”, Maqdis: Jurnal Kajian Ekonomi
Islam -Volume 2, Nomor 1, 2017.
[4] D. Lubis, “Analisis pendapatan petani penggarap
dengan akad muzara’ah dan faktor yang
mempengaruhinya”, Maqdis: Jurnal Kajian Ekonomi
Islam -Volume 2, Nomor 1, 2017.
[5] Sugiyono, Memahami Penelitian Kualitatif,
Bandung: ALFABETA, 2014.
[6] A.W. Muslich, Fiqh Muamalat, Ed.1, Cet. 4,
Jakarta: Amzah, 2007.
[7] A. Sarwat, Seri Fiqih Islam Kitab Muamalat.
Kampus Syariah, 2009.
[8] H.F. Asnawi, “Sistem muzara’a dalam ekonomi
islam”, Millah Jurnal Studi Agama, Vol.4, No.2., 2005.
[9] Dr. Wahbah Al-Zuhayli, Financial Transactions In
Islamic Jurisprudence, Vol. 2, Damascus: Dar Al-Fikr,
2002.
[10] Dr. Wahbah Al-Zuhayli, Financial Transactions In
Islamic Jurisprudence, Vol. 2, Damascus: Dar Al-Fikr,
2002
[11] J.P. Nugraha, “Sistem muzara’ah sebagai alternatif
pembiayaanpertanian di indonesia”, Iqtishodia Jurnal
Ekonomi Syariah, Vol. 1, No. 2, September 2016.
[12] V.R. Zainal, H. Alamsyah, Sugiharto, M.S.
Antonio, Islamic Entrepreneurship maju, berkembang
dan bertahan dengan teladan bisnis Rasulullah,
Yogyakarta: BPFE, 2017.
[13] I. ‘Alau al-Adin Abi Bakr bin Mas ‘ud al-Kasani
Al-Hanafi,, Bada’ ‘i al-Sana’ ‘i Fi Tartibi al-Syara’ ‘i,
Ed.2, Vol.5, (Bairut: Dar al-Kitab al-Arabi,1974.
[14] Wizaratu al-Auqaf wa al-Syu’uni al- Islamiyah, al-
Mausu ‘ah al-Fiqhiyyah, Ed.1, Vol. 37. Kuwait: Tiba
‘ah z|atu al-Salasil, 1418H-1997M.
[15] I. ‘Alau al-Adin Abi Bakr bin Mas ‘ud al-Kasani
Al-Hanafi,, Bada’ ‘i al-Sana’ ‘i Fi Tartibi al-Syara’ ‘i,
Ed.2, Vol.5, (Bairut: Dar al-Kitab al-Arabi,1974.
[16] Wizaratu al-Auqaf wa al-Syu’uni al- Islamiyah, al-
Mausu ‘ah al-Fiqhiyyah, Ed.1, Vol. 37. Kuwait: Tiba
‘ah z|atu al-Salasil, 1418H-1997M.
[17] Dr. Wahbah Al-Zuhayli, Financial Transactions In
Islamic Jurisprudence, Vol. 2, Damascus: Dar Al-Fikr,
2002.
[18] Dr. Wahbah Al-Zuhayli, Financial Transactions In
Islamic Jurisprudence, Vol. 2, Damascus: Dar Al-Fikr,
2002.
[19] M. ‘Abdul’atii Muhammad, Al-Maqashid as-
Syariah wa Atsariha Fii al-Fiqh al-Islamy, Jilid I. Kairo:
Darul Hadist, 2007.
[20] H.S. Azhar, Maqashid Syariah ‘Inda Imam
Haromaini wa Atsaruhaa Fii at-Tasorrufaat al-
Maaliyah, Jilid I (Riyadh: maktabah ar-Rusyd, 2010.
[21] M. ‘Abdul’atii Muhammad, Al-Maqashid as-
Syariah wa Atsariha Fii al-Fiqh al-Islamy, Jilid I. Kairo:
Darul Hadist, 2007.
[22] A.H. al-Ghazalii Muhammad Bin Muhammad Bin
Muhammad At-Tuusy, Syifaau al- Ghalil Fii bayaani
as-Syabah wa al-Mukhayyal wa al-Masaaliki at-Ta’liil,
Baghdad: al-Arsyaad, 1971.
[23] I. al-Syatibi Ibraahiim Bin Musa Bin Muhammad
Al-Lakhmi, al- Muwaafaqqt Fii Usuli as- Syariah, Jilid
II, Saudi: Wazaarah al-Awqaf, 2014.
[24] V.R. Zainal, H. Alamsyah, Sugiharto, M.S.
Antonio, Islamic Entrepreneurship maju, berkembang
dan bertahan dengan teladan bisnis Rasulullah,
Yogyakarta: BPFE, 2017.
[25] V.R. Zainal, H. Alamsyah, Sugiharto, M.S.
Antonio, Islamic Entrepreneurship maju, berkembang
dan bertahan dengan teladan bisnis Rasulullah,
Yogyakarta: BPFE, 2017.
[26] W.Az-Zuhaili, Ushulul Fiqh al-Islami, Juz 1,
Damaskus: Daar al-Fikr, 1406 H-1986M.
[27] I. al-Syatibi Ibraahiim Bin Musa Bin Muhammad
Al-Lakhmi, al- Muwaafaqqt Fii Usuli as- Syariah, Jilid
II, Saudi: Wazaarah al-Awqaf, 2014.
[28] I. al-Syatibi Ibraahiim Bin Musa Bin Muhammad
Al-Lakhmi, al- Muwaafaqqt Fii Usuli as- Syariah, Jilid
II, Saudi: Wazaarah al-Awqaf, 2014.
[29] I. al-Syatibi Ibraahiim Bin Musa Bin Muhammad
Al-Lakhmi, al- Muwaafaqqt Fii Usuli as- Syariah, Jilid
II, Saudi: Wazaarah al-Awqaf, 2014.
[30] A. ‘Abdi ar-Rohman al-Kholil bin Ahmad bin
‘Amru bin Tamiim al-Faraahiidii Al-Basyarii, Kitaab
al-‘Aini, Jilid. 8, Daar wamaktabah al-Hilaal.
Advances in Social Science, Education and Humanities Research, volume 436
240