Ngijon Suatu Jenis Perjanjian Jual Beli Dalam Sistem Hukum Adat (Kajian Yuridis Dalam Kaitannya Dengan Syariat Islam) (Kajian Yuridis Dalam Kaitannya Dengan Syariat Islam)

Abstract

Ngijon in general is a type of sale and purchase transaction in the customary law system that has developed in several regions in Indonesia. It is said as "Ngijon" because the goods / objects that are used as the object of the transaction are not directly handed over at the time the agreement is reached, but later at a certain time after the object has been "ripe" or is worthy of being "enjoyed". In connection with the time of handover, this study intends to discuss how the existence of the “ngijon” transaction is viewed from the point of view of Islamic law. This study is carried out normatively by examining existing legal materials and comparing them with one another to find conclusions on the subject matter of this study. From the results of the analysis it is known that ngijon is a buying and selling transaction and lending and borrowing which is prohibited in Islamic law because it contains gharar elements. However, if this ngijon is based on a help-to-help agreement, the “ngijon” transaction is felt to be allowed as long as the owner of the goods / objects is in dire need of money for urgent needs.