Conditional Receivables in the Sale and Purchase of Marine Products According to the Shafi’i School at the Lampulo Fish Landing Center, Banda Aceh

Abstract

The practice of conditional debt between brokers and fishermen at the Lampulo Fish Landing Site is an economic phenomenon arising from fishermen’s need for capital; however, its implementation raises legal issues concerning fairness, transparency, and compliance with the principles of Islamic commercial law. The method employed is qualitative research using a normative-empirical approach to examine the relationship between the norms of Islamic commercial law and debt practices at the Lampulo Fish Landing Site. Data collection was conducted through interviews with fishermen and financiers, supported by a normative analysis of the concept of ‘qardh’ in Islamic commercial law. The data obtained was then analyzed descriptively and analytically by comparing the practices observed at the Lampulo Fish Landing Facility with the provisions of muamalah fiqh in the Shafi’i school. The research findings indicate that, formally, these debt and credit practices fulfill the pillars and conditions of the qardh contract and can therefore be deemed valid. The mechanism of repayment through a deduction from the catch is also permitted in fiqh. However, substantive inconsistencies were found, particularly regarding the lack of clarity in debt recording, the dominance of financiers in price determination, and the weak bargaining position of fishermen. These conditions may contain elements of gharar and undermine the principle of mutual consent (an-taradin), so that the practice is structurally valid but does not yet fully reflect the principle of justice within the Shafi’i School.