Qiyas of Muzaraah Hadith With Fisheries Sector and It'S Contribution To Welfare of Fishermen

Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.4 No.
1 Januari 2020 Page 139-157

Online ISSN : 2540-8402 | Print ISSN : 2540-8399
QIYAS OF MUZARAAH HADITH WITH FISHERIES SECTOR

AND IT’S CONTRIBUTION TO WELFARE OF FISHERMEN
Ja'far Assagaf
IAIN Surakarta
Jl. Pandawa, Dusun IV, Kartasura, Kabupaten Sukoharjo, Jawa Tengah 57168
[email protected]
Abstract
This research background is the condition of Indonesian small fishermen who are
generally still below the minimum wage income line. through the qiyas (analoqy)
method, the muzara'ah hadith can be applied in the fisheries sector with the aim that
small fishermen income is better than before. the results of this study indicate that with
the distribution system as muzara'ah that is profit sharing according to the percentage,
small fishermen will be more prosperous than the wage or payment system.
Keywords: Muzara'ah Hadith, Fisheries, Welfare.
I. Introduction Bogor Agricultural Institute (IPB) (Bogor

Agriculture is one of the most Agricultural Institute (IPB) was formed
important sectors for people to meet their and has four faculties) and other
food needs, even since they first inhabited universities.
the earth (al-Dimasyqiy & Kas'ir, 1999).
As one ijtihad device other than
Muzara'ah is one way of cultivating
ijma', qiyas plays an important role in
agricultural land collectively which has
studying and exploring the Qur'an and
legitimacy from Islam through the hadith
hadith as the main source of Islam. This
of the Prophet Muhammad saw. although
article is based on the context of the
it has a backdrop of the Arab social
traditions of muzara'ah which appeared in
context; especially Madinah and its
the time of the Prophet and the distribution
surroundings, but what the Prophet has set
of the result, the point of equality between
is part of the Islamic teachings that have
the concept of muzara'ah and the fishery
been believed by the majority of Muslims
sector can be found through the theory of
(Mukminin, 2015). Agriculture especially
ushul fiqh, where qiyas as the main tool to
in the present, besides related to the
find the equation so that the concept of
planting match, also related to fishery and
muzara'ah is not only limited to the
livestock sector which in fact both of these
problem of planting fit but can penetrate
sectors is agriculture which has stood
into the fishery sector.
independently within the scope of the
study of agricultural sciences such as the
Received: 2019-12-27 | Reviced: 2020-01-08 | Accepted: 2020-01-31

Indexed : Sinta, DOAJ, Garuda, Crossref, Google Scholar | DOI: https://doi.org/10.29313/amwaluna.v4i1.5452
139
Ja'far Assagaf, Qiyas Of Muzaraah Hadith With Fisheries Sector And It’s Cont ribution To.......
II. Discussion This section will parse the

Muzara'ah belongs to the traditions used as the basis of the
agricultural model which has the main muzara'ah by presenting the definition and
source of hadith because there is no context of the hadith.
specific Qur'anic argument concerning a. Definition and Context of Hadith
this, except for the global explanation of Muzara'ah
the permissibility of farming. When The word muzara’ah comes from
explaining the discussion about planting ‫ مضاسػة‬-‫يضاسع‬-‫ صاسع‬means doing muzara’ah
(‫ )انحشث َانمضاسػة‬in al-Bukhariy, Ibn H}ajar contract. The word muzara’ah is already
al-'Asqalaniy (w 852 H / 1449 AD) states known, this word comes from ‫صسع‬
QS: al-Waqi'ah; 63-65 which is mentioned meaning sowing seed (planting) (Anis,
by al-Bukhariy at the beginning of the 1972) (Mukarram & al-Ifriqiy, 711 H).
chapter indicates the permissibility of Muzara’ah is interacting with others
farming and apparently (Asqalaniy, 2000), through planting match that is to give the
there is no specific guidance or theorem land to the person to manage or plant to
from the Qur'an related muzara'ah, though have the plant both of them (landowner
the muzara'ah proposition is contained in a and farmer). The division of results can be
hadith which has the function of one-third, one-quarter or fewer and/or
explaining the Qur'an. Both explanations even more (Qanibiy, 1988) (Sa'diy Abu
of the hadith in the form of strengthening Habib, 1988). This definition has been
the contents of the Qur'an, interpreting expressed earlier by fiqh experts such as
with various models even hadith can make Ibn Qudamah (w. 620 H) and is found in
provisions that are not contained in the al-Majmu 'Syarh Muhaz|z|ab (Ahmad &
Qur'an (al-Sya'fi'iy, 150-204 AH / 767-819 al-Maqdisiy, 1417 H / 1997 M) (al-
AD) (al-Suyutiy, 1399 H / 1979 M). For Nawawiy, without years).
the last part is still a polemic among Muzara’ah and mukhabarah as
scholars, whether the hadith can determine they say, both equally means the
a law that is not contained in the Qur'an or landowner gives the land to be managed
the law determined through the hadith by the tiller by sharing the results between
actually derived from the Qur'an (al- them both, the difference is that the seeds
Sya'fi'iy, 150-204 AH / 767-819 AD). to be planted in muzara’ah system come
1. Muzara'ah Hadith and from the temporary landowner in the
Agricultural Product Distribution mukhabarah system the seeds of these

140
Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.4 No.1 Januari 2020 Page 139-157
seeds come from the farmers (al-Nawawiy, (Asqalaniy, 2000), although some al-
without years) (Syarh, 2000) (Sa'diy Abu Sya>fi'iyyah distinguish it as already
Habib, 1988) (al-Zuhailiy, 1405 AH / 1985 mentioned because they judge the word
AD). mukhabarah stems derived from al-khabr
Muzara’ah as a predetermined and ie farmers (al-Nawawiy, Sahih Muslim bi
agreed sharing system of farm produce Syarh al-Nawawiy. Volume V, juz X,
between the landowners and the cultivators 2000). The southern Arabian Peninsula
have been known in the time of the region such as Yemen has practiced a
Prophet Muhammad saw, by most scholars cropping system, this is because the
equated with the mukhabarah because it southern regions are cooler but cooler in
has the context of hadith related to the summer, there are also many rivers and
processing of the soil in Khaibar. Al- water places as between Yas|rib (Medina)
Bukhariy (194-256 H) relates from the and Mecca having water spots as in
companions of Ibn 'Umar (74 H): Yemen. The Arabs of Medina (then called
‫حذثىا إبشاٌيم به انمىزس حذثىا أوظ به ػياض ػه ػبيذ‬ Ansar) initially learned about the
‫هللا ػه وافغ أن ػبذ هللا به ػمش سضي هللا ػىٍما‬ cultivation of Jews, then the Muhajirins
‫أخبشٌأن انىبي صهّ هللا ػهيً َ عهم ػامم خيبش بشطش‬ joined the farm after they were domiciled
,yilahku -la( ‫ما يخشج مىٍا مه ثمش أَ صسع‬ in Medina (Ali). Khaibar the birthplace of
)5991 the hadith about muzara’ah is one of the
fertile places when Islam entered in
This hadith as the initial foundation in
Madinah, besides being famous for its
muzara’ah is also narrated by some hadith
solid fortress, the city also has farmland
priests (al-Qusyairiy, 1993) (al-Sijistaniy,
and palm garden which are scattered in it
2003) (al-Turmuz|iy, 2003) (al-Qizwi>niy
(al-Hamawiy, wihout years).
& Majah, 2004) (Al-Nasaiy also narrated
b. Ulama's Opinion about
with the same meaning of Ibn 'Umar,
Muzara'ah
2004) judged the same as
The difference in muzara’ah this
mukhabarahsting, because the latter word
section can be grouped into two. The first
is derived from the word Khaibar as the
group like Abu Hanifah (d. 150 H), Zufar
name of the city where the transaction
(d. 158 H) and al-Syafi'iy (d. 204 H) did
occurred (al-Ddin & al-As|i, 1979). It
not approve muzara’ah by dividing the
seems that this reinforces the opinion of
results of one third and the like, while the
most scholars that between muzara’ah and
second group approves the method. The
mukhabarah there is no difference
141
agreeing group is also divided into two; 'bin Hadij (d. 73/74 H):
first, how to divide the results of one third ‫ص َذقَةُ بهُ انفَض ِم أَخبَ َشوَا ابهُ ُػيَيىَةَ ػَه يَحيَّ َع ِم َغ‬
َ ‫َح َّذثَىَا‬
and the like may but apply to muzara’ah ‫ قَا َل ُكىَّا أَكثَ َش‬- ً‫ سضّ هللا ػى‬- ‫انض َسقِ َّّ ػَه َسافِ ٍغ‬ ُّ َ‫َحىظَهَة‬
while also following musaqat according to َ ‫ ََ َكانَ أَ َح ُذوَا يُك ِشِ أَس‬، ً‫أٌَ ِم ان َم ِذيىَ ِة َحقال‬
‫ فَيَقُُ ُل ٌَ ِز ِي‬، ًُ‫ض‬
al-Syafi'iyyah. And even if you use the ، ‫ فَ ُشبَّ َما أَخ َش َجت ِر ِي ََنَم تُخ ِشج ِر ِي‬، ‫ك‬
َ َ‫انقِط َؼةُ نِّ ٌَََ ِز ِي ن‬
method muzara’ah then the ‫ صهّ هللا ػهيً َعهم‬- ُّّ ِ‫فَىٍََاٌُ ُم انىَّب‬
cultivator/farmer is paid with money (gold
(al-Bukhariy M. , 1995)
or silver) and not paid from the
distribution of the crop yields one third In addition to this hadith, there are also a
and the like, in this section,it seems that number of different editors' history from
Imam al-Syafi'iy allows to be paid with various hadith master books, all of them
money. Second, muzara’ah by dividing contain a prohibition on muzara’ah (al-
the yield of one third, one quarter or half Nasaiy, 1999) (al-Nawawiy Y. b., 2000)
between the landowner and the cultivator, (Asy‘as, 2003). This whole story is
it is permissible without merging it with contrary to the aforementioned hadith
musaqat and this is the majority opinion about the practice of muzara’ah against
like Ali (d. 40 H), Ibn Mas'ud (w 32 H), the inhabitants of Khaibar.
Ibn Musayyab (d. 94 AH), Umar bin Abd 2) There is a deception
Aziz (d. 101 H), al-Zuhri (d. 124 H), Abu Element Ulama who do not allow
Yusuf (d. 182 H), al-Syaibaniy (d. 189 H), muzara’ah see an element of deception
Malik (d. 179 H), Ibn Hanbal (d. 241 H) and harm one of the parties, especially the
and Ibn Khuzaimah (d. 311 H) from the cultivator through the method of farming.
Syafi'iy school of thought, and it seems Because a portion of the land has been
that al-Nawawiy was inclined towards this determined by the owner so that the yield
group (Qudamah & al-Maqdisiy, 1417 H/ of fertile land for him and the yield of less
1997 M). fertile land for cultivators.
Ulama who do not allow planting 3) Status of Khaibar Land
by muzara’ah have at least three reasons A general view before Islam
as follows: regarding a city or region that has been
1) Hadith about Prohibition of conquered and has been controlled by an
Doing Muzara'ah. empire, the city belongs to the empire
There is a hadith that forbids (Ali). The fall of Khaibar in the 7th year
muzara’ah, al-Bukhariy narrates from Rafi for Muslims was part of the socio-political

142
context at that time, the city had is being highlighted even by these
automatically become part of the territory economic actors. Although it is undeniable
of Muslims. The emergence of the that conventional economics has
discussion of the fuqaha'regarding the advantages, but in addition he also has
status of the land of Khaibar because some weaknesses. The lack of humanitarian
judge gained through war while others aspects and ethical aspects are two things
considered that the fall of Khaibar was that are widely criticized in conventional
through peace (al-Zuhailiy, al-Fiqh al- economics regarding justice and
Islamiy wa Adillatuhu. Juz V. Print II , considered as a weakness of this economic
1405 H/1985 M) (al-Nawawiy Y. b., Sahih system (Dimyati, 2007) (Kholis).
Muslim bi Syarh al-Nawawiy. Volume V, Based on the opinion of the
juz X, 2000). majority of scholars about muzara’ah skill
c. Distribution of Muzara’ah by dividing the yields of crops between
Results in the Islamic Economic landowners and cultivators is a step to
View The progress that has been achieve justice in the economy. This
achieved by mature conventional division has been exemplified in the hadith
economics has now reached an amazing in the form the half for landowners and the
level. From the aspect of innovation, other half for farmers. It can also be
methodology, mathematical models related divided into one third (1/3), one quarter
to evaluation and prediction experience (1/4) or otherwise as practiced by the early
rapid and rapid development. However, he Muslim generation (al-‘Asqalaniy &
was unable to target humanitarian aspects Hajar, 2000).
such as justice and public benefit. The muzara’ah between
According to Chapra, conventional landowners can follow the requirements
economics ignores values, morals,and set out in the Sharia Economic Law
religion. economic development should Compilation (KHES) for example in
not focus on mere economic variables, articles 256-265 and also the rules in the
moral aspects, social aspects, and so on field of Agrarian which regulates the weak
must also be taken into account (Dimyati, economic class (usual farmers from the
2007). farmer class ordinary) can avoid practices
In the context of conventional that harm them in the production sharing
economics, the element of justice is very agreement (Pasaribu, 1996) (Team, 2009).
little attention. Today's adult phenomenon

143
2. Fisheries Sector two, namely: (1) marine fisheries and (2)

The territory of Indonesia is the land fisheries which are further divided
largest maritime and archipelagic country into (a) freshwater fisheries and (b)
in the world which consists of 17,504 seawater fisheries. For freshwater
islands with a coastline of 104,000 km fisheries, the types of fish such as
placing Indonesia. The fisheries sector is gouramytilapia, mas,and others, while the
an activity that encompasses all kinds of type of brackish water fish such as shrimp,
fishing and fish cultivation businesses, milkfish, crabs and so on
types of crustaceans such as shrimp, crabs, (http://www.berpendidikan.com/2015/06/2
mollusks such as squid, cuttlefish and -jenis-perikanan-di-indonesia-beserta
shellfish and other water biodata, both in contohnya.html?m=1 , 2018).
seawater, brackish water (coastal), and c. Indonesian Fisheries Potential.
fresh water (on land) Fisheries potential for both capture
(http://beritapertanian.com/pembangunan- fisheries and aquaculture has increased.
sektor-perikanan, 2018). Capture fisheries still play a very strategic
a. Definition of Fisheries role in fisheries development in Indonesia.
Fisheries are all things related to This can be seen from the contribution
the capture, maintenance,and cultivation of capture fisheries production which reached
fish (Kamus Besar Bahasa Indonesia 5.71 million tons or around 37.60 percent
online , 2018). While in the Law of the of the total national fisheries production
Republic of Indonesia No. 31 of 2004 which reached 15.51 million tons in 2012.
article 1 paragraph 1 concerning Fisheries The capture fisheries production comes
stated that fisheries are all activities related from activities sea capture of 5.44 million
to the management and utilization of fish tons (93.25%) and fishing activities at
resources and the environment from pre- Public waters amounted to 0.39 million
production, production, processing to tons (6.75%).
marketing carried out in a business system In 2017 the highest non-tax state
fishery revenue (PNBP) in the fisheries sector
(http://www.dpr.go.id/dokjdih/document/u from a period of 5 years. In 2014 the
u/32pdf , 2018). PNBP was Rp. 214.44 billion to 490.23
b. Form of Fisheries billion in 2017, fisheries PNBP rose
Judging from the type of around 129 percent or the highest in five
environment, fisheries are divided into years

144
(https://ekonomi.kompas.com/read/2018/0 origin and branch in law (al-Jurjaniy, 1424

1/11/211200426/kkp-sebut-pnbp-sektor- H/2003 M). Qiyas also means connecting
perikanan-2017-tertinggi-dalam-5-tahun , origin with branches in law because they
2018). are united in both 'illat (causes) (Qal‘ajiy,
3. The Analogy of the Hadith of 1998).
Muzara’ah with the Fisheries Sector The majority of scholars define
In this article, the analogy in Qiyas as equating something already
question is qiyas known in the study of known with something else that has also
usul fiqh, not a tree analogy. In this been known to establish or nullify the
section, we will describe the foundation, second law with one thing that covers both
definition,and type of qiyas and discuss the (the same), both from the aspect of legal
application in the context of determination, the nature of its
muzara’ahhadith with the fisheries sector. determination and nullifying the law of
The implications that fishermen will get both (al-Raziy, 1997) (al-Amidiy, 1402
regarding their welfare through the H/1982 M) .
distribution of the muzara’ah model of 2) Qiyas Argument
fisheries. Ulama are indeed different in
a. Definitions and Proposals about seeing Qiyas capacity as a source of
Qiyas Islamic teachings. The difference is in
1) Definition of Qiyas legal matters, but in the world, they agree
The word Qiyas comes from the that Qiyas are proof (al-Raziy, al-Mahsul
words ‫ َقياعا‬- ‫ قيغا‬- ‫ يقيظ‬- ‫ قاط‬meaning that fi Ilm Usul al-Fiqh. Juz III & V. Notated
it measures like an expression of by Taha Jabir Fayyad al-‘Alwaniy. Print
measuring something against something III., 1997). The majority of scholars from
like it (Ibn Manzur, Manzur, & al-Ifriqiy, among the friends, tabi’in, four priests of
without years) (Anis I. e., 1972). In the school and their followers make Qiyas
etymology, Qiyas means looking for as one of the sources of Islamic teachings
similarities or similarities between things after the Koran, hadith,and ijma‘ even
and other things. As for the terminology, worship using Qiyas is something that is
Qiyas is an explanation of the meaning logically possible syari‘ah (al-Amidiy,
taken (issued) from the text by making the 1402 H/1982 M). Al-Raziy mentioned
law from something that has a text to other those who allowed consisted of two
than, or equating (combining) between groups, first, worshiping with Qiyas was

145
not only accepted by logic but actually the qiyas method. The key to the verse
happened empirically. Second, logically with the word i‘tibar for al-Amidiy is a
worshiping with Qiyas can be accepted strong logic from the aspect of language
even though empirically does not occur and practice which confirms the continuity
(al-Raziy, Al-Mahsul fi Ilm Usul al-Fiqh. of Qiyas (al-Amidiy, 1402 H/1982 M).
Juz III & V. Notated by Taha Jabir Fayyad b) Hadith
al-‘Alwaniy. Print III, 1997). In addition to The hadiths that are often used as
the group that receives Qiyas, there are permits for using Qiyas are the narrations
also groups that reject it. Various of Abu Daud, Turmuziy and Ibn H{anbal
arguments were raised by the two groups, about the Prophet sending Muaz toYemen
but the ones chosen were groups that and allowing him to use reason when
received Qiyas as one of the sources of determining laws that are not contained in
Islamic teachings (al-Amidiy, 1402 the Qur'an and hadith (al-Sijistaniy, 2003)
H/1982 M) (al-Raziy, Al-Mahsul fi Ilm (al-Turmuz|iy, 2003) (Hanbal & Ahmad,
Usul al-Fiqh. Juz III & V. Notated by Taha without years). Although this hadith is
Jabir Fayyad al-‘Alwaniy. Print III, 1997). judged while the muhaddis is not strong,
Some arguments are put forward the history of the sending of Muaz to
by scholars who receive Qiyas as follows: Yemen is an undeniable fact (al-Bukhariy
a) QS.al-Nisa; 59 M. , 1995) (Ibn Asir II, 1979) and there
In QS: al-Nisa, 59 there is an order are other propositions in the form of
to obey Allah and His Messenger, then the several authentic traditions which all
command to return to both if the Muslims indicate the use of Qiyas even the Prophet
disagree. Al-Amidiy discusses this verse at Muhammad saw practiced it (al-Amidiy,
length which can be taken from the core of 1402 H/1982 M).
the answer, namely the command to obey Including the proof of the Prophet
is understood by carrying out the saw. using Qiyas ie thehadith the Muslim
instructions that come from both of them history of a person will get a reward when
and stay away from their prohibitions (in he puts his genitals on his wife because the
the Qur'an and hadith), while the order to woman has been lawful for him, as the
return is by taking the contents from the person will sin if his genitals are placed on
source of Islamic teachings through Qiyas. the woman who committed adultery with
End This verse affirms that people take her (al-Qusyairiy, 1993).
toi‘tibar from the problems that exist with c) Consensus (Ijma‘).

146
According to al-Amidiy, ijma‘is aspects. If 'illat is nas} or there is no nas}

the strongest argument for the use of it is called Qiyas which is clear (jaliyy)
Qiyas. At the time of the four caliphs, and if‘illat it is excavated from the original
there were several decisions carried out law called Qiyas hidden (khafiyy). (3)
through Qiyas and no friends opposed Qiyas seen from the original aspect ‘illat it
them, one of which was to equate the is divided into/ (a) Qiyas ‘illat which is
provision of compensation to those who explained in it with the reason ‘illat; (b)
had already converted to Islam with those Qiyas is that it is not mentioned 'illat in
who had just converted to Islam because Qiyasbut the nature that exists for ‘illat
they were both Muslims (al-Amidiy, 1402 and (c) Qiyas which are in the original
H/1982 M). meaning. Besides that al-Amidiy said that
b. Qiyas Pillars and the Kind Qiyas is never empty of the method of
The qiyas pillar consists of: (1) setting ‘illat that is dug in Qiyas, or
legal origin; (2) branch as the focus of matching, or likening and so on (al-
polemic whether it raises the law or not; Syaukaniy, without years) (al-Amidiy,
(3) law and (4) 'illat which includes origin 1402 H/1982 M).
and branches. Each pillar has its own c. Perspective and Implementation
details as a condition that the pillars can of Qiyas Muzara’ah Hadith with Fisheries
truly be called Qiyas pillars (al-Amidiy, Sector
1402 H/1982 M) (al-Syaukaniy, without 1) Qiyas Perspective on Muzara’ah
years). Hadith with the Fisheries Sector
Qiyas is divided into several parts The reading of the context of the
when viewed from various aspects, hadith for the fisheries sector has gone
including: (1) Qiyas from the aspect of through seven perspectives. The seven
meaning which includes (the whole) in it perspectives are: first, agriculture at that
by requiring the existence the law. If the time is related to the planting of fruits
law that emerges from the Qiyas branch is which will be harvested; second, the
more than the original law called al- sharing of results through mutual
Qiyasal-awla, if the law of the branch and agreement between landownersand
its origin are the same as al-qiyas al- workers. The division of the results can be
musawiy, if the brancing law is lower than half, one third, one quarter or otherwise
the original law it is called al-Qiyas al- based on the agreement both; third, the
adna. (2) Qiyas from clear and hidden agricultural land used for muzara’ah can

147
be in the form of private land or land origin and the branch do not seem to have
owned by the leader/government; fourth, a problem, except for the ulama who from
agriculture today is broader, including the beginning did not approve muzara’ah.
animal cultivation including fisheries and Indeed, there is one of the
parts other than plants; fifth, profit sharing original pillar conditions, namely the law
can be adjusted to past conditions; sixth, in contained in the pillars is agreed upon, but
addition to private and government land this cannot happen because qiy as itself is
there are also common land owned by the disputed (al-Amidiy, 1402 H/1982 M) (al-
state, especially the marine fisheries Syaukaniy, without years) as muzara’ah,
sector; seventh, profit sharing can involve so that the pillars of origin in muzara’ah
third parties other than landowners and apply to those who acknowledge existence
fishermen, namely units that are related to qiyas as a source of Islamic law.
improving the welfare of fishermen. The The conditions for the branch unit,
first three perspectives are related to the namely the fisheries sector can be declared
past when the hadith is spoken and the as having fulfilled the qualifications as a
other four are related to the present. branch of origin, namely muzara’ah
For the seventh perspective, the because the fisheries sector is practiced
sharing of results involving third parties because in order to obtain general welfare
such as cooperative units and so on/ serves as muzara’ah, the law is the same as
to regulate so that the distribution of muzara’ah ie may for the majority of
results is truly fair and at the same time a scholars, there is no text about the profit
place for savings and loans for fishermen, sharing in this sector and the law is not
not just a place for mandatory deposits that first from the law of muzara’ah (al-
some fishermen may find burdensome. Amidiy, 1402 H/1982 M) (al-Syaukaniy,
2) Implementation of Qiyas against without years).
Muzara’ah Hadith in the Fisheries Sector The search for Qiyas
After discussing the views of al- implementation of muzara’ah traditions
Muti‘iy above, it appears that the fisheries has a relationship between the two, so
sector can be divested muzara’ah, but it some problems that have been stated will
has not yet been obtained to equate be traced so that ‘illat between the two can
muzara’ah as the origin and fisheries be obtained so that it becomes increasingly
sector as a branch. In the other clear. Of the seven reasons for detecting
qualifications of the harmony Qiyas, the ‘illat, it seems that there are four factors

148
that can be used to implement Qiyas something that had happened was the habit
against muzara’ah traditions in the of managing land by local Jews giving
fisheries sector as follows: birth to the Prophet's decision regarding
First, the actions of the Prophet muzara’ah which was reinforced by
Muhammad saw. Hadith about muzara’ah Muslim history that the Jews requested
clearly exists because the Prophet that they manage the land of Khaibar (al-
practiced it and then followed the majority Qusyairiy, 1993).
of Muslims. The practice of muzara’ah Second, the text is clear from the
after it was discovered that the Khaibar hadith that uses the letter ta‘lil. In some
farm that could manage it was local Jews, words the traditions of muzara’ah in
therefore the Holy Prophet handed over Khaibar there is the word ‫ بشطش‬after the
the management to them. This maslakfind words of Rasul sawwas with the residents
the Prophet's decision to transact with of Khaibar. If the ‫ انباء‬letter in the hadith
Khaibar Jews because they were more narrated by al-Bukhariy is sababiyyah
aware of the management of Khaibar's (cause) then it is included in the letter ta‘lil
land as well as the form of mu’amalah so this fact found that because the Khaibar
instead of being good with them for the Jews worked then they got half of the
common good. results of muzara’ah. This explanation is
What the Holy Prophet did imply reinforced with another al-Bukhariy
that it was due to the experience that had history:
been going on about the management of ‫حذثىا مُعّ به إعماػيم حذثىا جُيشيً ػه وافغ ػه‬
Khaibar's land. This is maslakis mentioned َ ً‫ػبذ هللا سضي هللا ػىً قال أػطّ انىبي صهّ هللا ػهي‬
by al-Syaukaniythat the actions of the ‫عهم خيبش انيٍُد أن يؼمهٌُا َيضسػٌُا َنٍم شطش ما‬
Prophet after something happened, ‫يخشج مىٍا‬
whether it came from the Prophet himself
(al-Bukhariy M. b., 1995)
or other than that, al-Syaukaniysaid that
someone's actions were known by the Although this narration and the previous
Prophet and there was a decision included narration are riwayah bi al-ma‘na, but the
in this maslak (al-Syaukaniy, without Khaibar incident is a fact including the
years)without elaborating in more detail management of Khaibar's land, the two
about the actions of the people or the facts narrations can be used to find ‘illat.
that occurred in general that encouraged Third,munasabah is something
the Prophet to do something. In Khaibar, that is compatible and acceptable to human

149
reason because it relates to anything that between agriculture and fisheries are
brings benefit and away from harmful studied in their respective fields, in fact,
things. The practice of muzara’ahis fisheries are recognized as part of
included in this maslakas needed (hajjiy) agriculture and not vice versa. Here the
as the fisheries sector is a general human problem can be developed further through
need. Category hajjiy is what is needed but the habits of a society or ‘urfwhat happens.
not in something urgent (daruriy) such as Fisheries may in the emergence of
rent, musaqat and so on (al-Syaukaniy, muzara’ahhadith not been discussed and
without years) including muzara’ah. not categorized as part of agriculture, but
However, this connects muzara’ah with now adults are actually fisheries born from
the fisheries sector because both are agriculture because of the following; (b)
included in the category hajjiy; things that similar properties (syibh) between
are needed by everyone but not urgent. cropping and fisheries meet at breeding.
Fourth, the maslakthat can Agriculture breeds plants and plants while
implement Qiyasmuzara’ah hadith with fisheries breed aquatic animals; fish and its
the fisheries sector through syibh is to types. The similarity of both lies in the
establish 'illat with similarities. This term nature of breeding; (c) different land
has become a common thing for Qiyas, between water (at sea and on land) with
connecting the branches of the branch in land but having similarities in the payment
harmony because there are similar or system to workers; fishermen or farmers.
similar ones, even though in the case of For section (c) some of the scholars
combining the aforementioned scholars, who do not approve muzara’ah have been
we disagree, but this maslakincluding explained to allow farmers to earn wages
those that must be considered to find paid, even though the fee is not from the
similarities (al-Syaukaniy, without years) transaction muzara’ah, but the landowner
(al-Amidiy, 1402 H/1982 M) between pays the money to the farmer, so the
branches and origin. transaction is ijarah. But this happens
The implementation maslaksyibhin because one of the causes is because there
the muzara’ahhadith as the origin and are similarities in the branches of the
fisheries sector as a branch can be seen branch in this case fisheries with two
from: (a) between muzara’ah and the original pillars, muzara’ah and ijarah (al-
fisheries sector included in the agricultural Amidiy, 1402 H/1982 M) (al-Raziy, Al-
sector. Although in the present time Mahsul fi Ilm Usul al-Fiqh. Juz III & V.

150
Notated by Taha Jabir Fayyad al- not reflect decent income even if
‘Alwaniy. Print III, 1997) (Biek, 1988). compared to the national minimum wage
4. Fishermen's Welfare and the (UMR) in 2012 the average income of
Distribution of Muzara’ah Indonesian fishermen is still under UMR.
Model Results Implications The Central Statistics Agency in
a. Indonesian Fishermen's Welfare September 2017 released data on the
The great potential in Indonesia's number of poor fishermen contributing
marine waters that has been mentioned has 20% of the total poor population in the
not been enough to make fishermen more country or around 5.2 million people. The
prosperous. In general, the development of World Bank places the total income of
national capture fisheries conditions can be fishermen in Indonesia who are below the
illustrated by the status of the development poverty line of 520,000 every month
of fishermen, fishing fleets, and fishing (https://m.detik.com/news/kolom/d-
gear. Information regarding the trend of 3979437/akses-keuangan-bagi-kaum-
the number of fishermen in the last decade nelayan , 2018). The same reports from
(2003-2012 period) decreased the number 2015-2018 about the number of poor
of fishermen catching fish in the sea. fishermen, although Indonesia's fishery
Meanwhile, the number of fishermen potential is so large
caught in relatively public waters tends to (https://m.liputan6.com/bisnis/read/322488
fluctuate somewhat. However, overall the 6/stok-ikan-melimpah-sudahkah-nelayan-
number of fishermen tends to decline in dan-industri-menikmatinya , 2018).
the last decade (Kementerian President Jokowi once mentioned
PPN/Bappenas Direktorat kelautan dan that Indonesia's future is at sea, so the
Perikanan. Kajian Strategi Pengelolaan potential of the sea must be utilized for the
Perikanan Berkelanjutan.2014. welfare of the people. But the not-so-high
https://www.bappenas.go.id/files/7614/440 profit can make people think of becoming
1/4206/Strategi_Pengelolaan_Perikanan_B fishermen. According to Agus Puji
erkelanjutan.pdf, 2018). Prasetyono, the factors that make people
The decrease in fishermen's reluctant to become fishermen have to find
numbers can be caused by several factors, a solution. One of the important points
but it seems their condition is no better related to fishermen's economy is that the
than unskilled workers, because the government plays a role in creating a
average national fishermen's income does conducive climate by conducting a

151
comprehensive and integral analysis with Inland fishery land; either in

clear and focused directions and targets so freshwater or brackish water, or in
that the contribution of maritime potential catching or cultivating fisheries that are
and economic growth is more significant, privately owned, the distribution of the
among others through organizing the results is easier. Fishermen as workers
institutions needed by fishermen such as sprinkle eggs or small fish seeds in the
cooperatives and associations so creating a ponds and then manage them until they
decent fishing life can be consumed or sold, so the
(https://www.ristekdikti.go.id/ikan- distribution of the results can be divided
melimpah-di-laut-kemana-nelayan-kita/ , directly where fish and other freshwater
2018). animals are divided into half, one third,
b. Implications for the Distribution one quarter or based on the initial
of Muzara’ah Model for the Fishermen's agreement between the landowners and
Welfare fishermen .
Qiyas from muzara’ah hadith with 2. Marine Fisheries
the fisheries sector has found similarities Marine fisheries make the sea the
between the two. For the distribution of mainland. The status of the sea is a shared
the results through the hadith, you can property as well as rivers, lakes,and
follow the muzara’ahhadith text, that is, swamps even though the government
the landowner gets half and the fisherman regulates it. in this context. the Prophet
is half, or the fisherman is one third. The Muhammad saw said
division is also through a context that can ِ َّ‫إل ََانى‬
‫اس‬ ٍ َ‫ان ُمغهِ ُمُنَ ُش َش َكا ُء فِّ ثَال‬
ِ ‫ث فِّ ان َما ِء ََان َك‬
(Hanbal & Ahmad, without years)
be adjusted according to the agreement
between the two based on the principle of
The sea as a land to catch fish, and
justice. This division of results feels more
cultivation is a common property as rivers,
beneficial to both parties compared to
lakes,and swamps. The government has
transactions wages (ijarah).
regulated the land use rights for those who
In order for the division to be truly
want to use it
fair, it is necessary to describe the status of
(http://www.dpr.go.id/dokjdih/document/u
the land that is the place to take fish and
u/32pdf , 2018).
other aquatic animals. Land status can be
seen from: III. Conclusing
1. Inland Fisheries This paper finds that the sharing of

152
results in muzara’ah traditions and http://beritapertanian.com/pembangun

practices between landowners and farmers an-sektor-perikanan
can be applied in the fisheries sector
http://www.berpendidikan.com/2015/06/2-
between the owner of the pond and the
jenis-perikanan-di-indonesia-beserta
pond or the owner of fishing equipment for
contohnya.html?m=1 . (2018, 7 29).
free land such as sea, river, lake, with
Retrieved 7 29, 2018, from
fishermen through Qiyas so that fishermen
http://www.berpendidikan.com/2015/
are expected to be more prosperous.
06/2-jenis-perikanan-di-indonesia-
In muzara’ah hadith as the origin,
beserta contohnya.html?m=1
the similarity point is found with the
fisheries sector as a branch. The equation http://www.dpr.go.id/dokjdih/document/uu
is found through four theories about /32pdf . (2018, Juli 29). Retrieved Juli
maslak, namely: the actions of the Prophet, 29, 2018, from
the clear text of the hadith using the letter http://www.dpr.go.id/dokjdih/docume
ta‘lil in the hadith, munasabah and syibh. nt/uu/32pdf
This paper also reveals that there is
https://ekonomi.kompas.com/read/2018/01
hope to improve welfare, especially for
/11/211200426/kkp-sebut-pnbp-
small fishermen by implementing fisheries
sektor-perikanan-2017-tertinggi-
product sharing as in the muzara’ah
dalam-5-tahun . (2018, Januari 11).
tradition by making fishermen and
Retrieved Juli 29, 2018, from
landowners or owners of fishery
https://ekonomi.kompas.com/read/201
equipment as business partners by
8/01/11/211200426/kkp-sebut-pnbp-
involving other parties such as the
sektor-perikanan-2017-tertinggi-
government and joint cooperatives owned
dalam-5-tahun
by fishermen to safeguard the rights of
those who transact so that justice can truly https://m.detik.com/news/kolom/d-
be felt by both parties. 3979437/akses-keuangan-bagi-kaum-
nelayan . (2018, Juli 28). Retrieved
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Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.4 No.

1 Januari 2020 Page 139-157

QIYAS OF MUZARAAH HADITH WITH FISHERIES SECTOR

I. Introduction Bogor Agricultural Institute (IPB) (Bogor

Received: 2019-12-27 | Reviced: 2020-01-08 | Accepted: 2020-01-31

II. Discussion This section will parse the

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2. Fisheries Sector two, namely: (1) marine fisheries and (2)

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(https://ekonomi.kompas.com/read/2018/0 origin and branch in law (al-Jurjaniy, 1424

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According to al-Amidiy, ijma‘is aspects. If 'illat is nas} or there is no nas}

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Online ISSN : 2540-8402 | Print ISSN : 2540-8399

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comprehensive and integral analysis with Inland fishery land; either in

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results in muzara’ah traditions and http://beritapertanian.com/pembangun

Bibliography Juli 28, 018, from

sektor-perikanan. (2018, Juli 29). 3979437/akses-keuangan-bagi-kaum-

Retrieved juli 29, 2018, from nelayan

Online ISSN : 2540-8402 | Print ISSN : 2540-8399

https://m.liputan6.com/bisnis/read/322488 al-‘Asqalaniy, A. b., & Hajar, I. (2000).

Kementerian PPN/Bappenas Direktorat al-Dimasyqiy, I. b., & Kas'ir, I. (1999).

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al-Jurjaniy, A. b. (1424 H/2003 M). al- al-Raziy, F. M. (1997). Al-Mahsul fi Ilm

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Qudamah, I., & al-Maqdisiy, A. b. (1417 Syarh, S. M. (2000). al-Nawawiy, vol. V,

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