Heritage Land Pawn Agreement in Nagari Koto Tangah, West Sumatera Province, Indonesia

Putra, Ilham Yudha; Kurniawarman, Kurniawarman; Rias, Irzal; Sari, Putri Gemala

doi:10.18415/ijmmu.v6i3.866

Cited by 2 publications

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“…The pawn objects used as collateral debt are heirloom land (I. Y. Putra et al, 2019). Pawning of agricultural land for the Minangkabau community relies on its land as an economic transaction asset (Nurdin & Tegnan, 2019).…”

Section: Pawn (Pagang Gadai) In Minangkabaumentioning

confidence: 99%

Study of Old Plant Analysis on the Completion of ‘Pagang Gadai’ (Pawn) Agreement in Minangkabau Society

Arianti

Hasan

2022

Khazanah Hukum

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There had been a debt guarantee settlement completed in the Minangkabau community. The purpose of this study was to uncover how to understand about the utilization of debt guarantees in ‘Pagang Gadai’ (pawns), as well as the position of plant ownership on land repaid in pawn transactions. The method used was qualitative with a phenomenology approach. The data source of this research was people or communities (including indigenous figures) of Minangkabau customs who were involved in pawns transactions, especially in Nagari Tabek of Pariangan district. The data collection was conducted through in-depth interviews of five research informants based on interview guidance using snowball sampling technique. The results showed that the use of pawns can be done with several conditions: 1) obtaining permission from the owner where there is no element of exploitation and managed by pawns, and 2) mastery of old plants can be done by the recipient of the pawn after redemption is classified to the exploitation that leads to take the property of others unjustly and blatantly (‘Ghasab’ behaviors).

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Section: Pawn (Pagang Gadai) In Minangkabaumentioning

confidence: 99%

Study of Old Plant Analysis on the Completion of ‘Pagang Gadai’ (Pawn) Agreement in Minangkabau Society

Arianti

Hasan

2022

Khazanah Hukum

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Examining a distinctive loan contract “Pagang Gadai” practiced in a Muslim society: an Islamic finance perspective

Putriana

2024

JIABR

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Purpose This study aims to examine a distinctive loan contract widely practiced in a Muslim society. Design/methodology/approach This research adopts a qualitative research approach. The study was divided into two main stages. Stage I research relied on documentary analysis of pagang gadai contracts. Hence, Stage II research was an in-depth study in a selected nagari, adopting an ethnography approach. The study was conducted in the district of Tanah Datar, West Sumatera, from 2020 to 2023. Findings The findings of this study show that the distinctive mode of contact breaks some basic rules of Islamic finance (the practice contains riba and gharar). The practice however is prevalent in the society studied due to the influence of the customary law namely the communal ownership of lands. The practice brings impacts on the society both positives and negatives. Research limitations/implications This study focuses on the traditional mode of pagang gadai contract, which involves the transfer of right to cultivate productive agricultural lands for an exchange of loan measured in gold measurement system and excludes other modes of pagang gadai. Practical implications Revision(s) of the contract mode is an urgent matter if the society to be rescued from practicing this type of contract that contains element of exploitation and oppression. Social implications The revision(s) is needed if the society wants to follow the teaching of Islam comprehensively, as claimed in the philosophy adopted. Originality/value To the best of the author’s knowledge, this is the first study on pagang gadai that focuses on impacts of the practice on the society studied.

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Heritage Land Pawn Agreement in Nagari Koto Tangah, West Sumatera Province, Indonesia

Cited by 2 publications

References 0 publications

Study of Old Plant Analysis on the Completion of ‘Pagang Gadai’ (Pawn) Agreement in Minangkabau Society

Study of Old Plant Analysis on the Completion of ‘Pagang Gadai’ (Pawn) Agreement in Minangkabau Society

Examining a distinctive loan contract “Pagang Gadai” practiced in a Muslim society: an Islamic finance perspective

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