| dc.description.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. | en_US |
