Praktek Mawah melalui Mudharabah dalam Masyarakat Aceh

Abstract

Syariah-based economic system in Aceh has long existed and lived among the local community. One of the activities is the implementation of Mawah activity which has existed and developed in Acehnese community sing the 16th century long before the Indonesian independence. Mawah is a business cooperation contract in Aceh in which a person gave his money to someone else to run the division results in accordance with the agreements and covenants set together. In practice, In practice, Mawah has the same meaning with mudharabah hwhich is a form of cooperation between the two parties, in which the first party provide funds (sahubul mal) and the second party (mudharib) serves as a business manager with the agreement that the benfit will be divided according to the ratiomutually agreed. The problems answered in this study were how Mudaharabah/Mawah practice was implemented in Ingin Jaya Subdistrict, Aceh Besar District, how Mawah law in Islam is, how Mawah problem was solved when a dispute occured in Ingin Jaya Subdistrict, Aceh Besar District. The theories related to the problems in this study were Ta’uwun (assisting) theory, ‘Urf word Urf theory, justice theory and Mashlahat theory. To find the answer to the problems, this study used the empirical juridical approach which means that this study is a study conducted by meeting the respondents and informants and did direct interviews with them. The result of this study showed that the practice of Mawah is in accordance with the practice of Syariah namely Mudharabah whose legal basis in Al Qur’an are Surah Annisa 4:29, Surah Al Baqarah 2: 238, Surah Al Baqarah 198, Surah Al Muzzammil 20, Surah Al Jumuah 10, Surah Almaidah 2 and Sunnah such as the Hadist Rasul narrated by Imam Thabrani, Hadist rasul narrated by Ibnu Majah from Shuaib, Hadist Rasul narrated by Daruqutni, Hadist rasul narrated by Imam Malik, Hadist Rasul narrated from Abbas ibn Abd al Muthalib, Hadist Rasul narrated by Ibnu Majah, and what was practiced by the companions of Rasul (the apostle) and ijtihat of ulama (Islamic scholars). As for if a dispute occurs, the mechanism of the adat dispute settlement has been available that is the Constitution Act of Aceh Government in the Chapter on Wali Nanggroe and Adat Institutions, Qanun No.4/2003 on mukim government and Qanun Nanggroe Aceh Darussalam No.5/.2003 on Gampong Government. Aceh community especially the community of Ingin Jaya Subdistrict is suggested to encourage and keep maintaining Mawah activity because, in terms of Islamic economy, it is very useful for the communities. The government is suggested to help the people, especially the farming communities through providing work capital for the Mawahimplementor because, according to Aceh adat, the seeds are borne by the manager. Aceh Legislative members are suggested to enact a Qanun on Mawah which never existed before that it can be a guideline for the communities practicing Mawah and also for the judges in Aceh Syariah Court to be used in settling the dispute on the case of Mawah.