RESILIENSI LARANGAN MENJUAL TANAH KE PIHAK LUAR DI NAGARI KAPAU DAN KOTOBARU SALO PERSPEKTIF SADDU AL-DZARI’AH

Authors

  • Mailiza Fitria
  • Busyro Busyro UIN Sjech M. Djamil Djambek Bukittinggi
  • Ikhwan Ikhwan UIN Imam Bonjol Padang
  • Beni Firdaus UIN Sjech M. Djamil Djambek Bukittinggi
  • Dahyul Daipon UIN Sjech M. Djamil Djambek Bukittinggi

DOI:

https://doi.org/10.30631/innovatio.v24i2.214

Keywords:

Resilience, Prohibition, Selling land, Outsiders, Saddu al-Dzari'ah

Abstract

The rule prohibiting the sale of land to outsiders, which applies in the Kapau and Kotobaru Salo nagaris, has long been implemented by the community. Anak Nagari or indigenous residents are not allowed to sell their land, whether it is classified as high ancestral property or low ancestral property, which is the livelihood of husbands and wives, to outsiders who are not native residents of the nagari. This prohibition is accompanied by a kind of customary sanction, both material and moral, which binds every member of the community, thus making the rule more effective and enduring until now. This paper aims to examine the resilience of the rule prohibiting the sale of land to outsiders within the community of Kapau and Kotobaru Salo nagaris by focusing on three questions: First, how is the rule prohibiting the sale of land to outsiders applied in the respective nagaris? Second, what are the factors that contribute to the resilience of the rule prohibiting the sale of land to outsiders in the midst of modernization and globalization? Third, what is the perspective of saddu al-dzari'ah on the rule prohibiting the sale of land to outsiders in the Kapau and Kotobaru Salo nagaris. This research is qualitative and its main data are obtained through observation and in-depth interviews. The results of the study show that: first, the rules enforced by the community are the result of agreements and decisions made by customary leaders aimed at protecting all nagari children from economic domination and negative influences from outsiders; second, the sanctions imposed and the benefits felt by the community contribute to its resilience and strengthening; and third, the rule prohibiting the sale of land to outsiders is in line with the theory of Islamic law, saddu al-dzari'ah, which is a preventive measure and anticipation of the potential negative impacts. Research on the same theme can be continued to discover even broader meanings.

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Published

2025-05-02

Issue

Vol. 24 No. 2 (2024): Vol. 24 No. 2

Section

Articles

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