MAHAR KAPLING BENTANGAN TALI BUDIDAYA RUMPUT LAUT DI PANTAI DALAM PERSPEKTIF HUKUM ISLAM

Abstract

The practice of seaweed cultivation using a long-line system in coastal areas is growing rapidly as a source of livelihood for the community. However, in practice, the phenomenon of parceling out marine space is accompanied by certain levies known as dowries for obtaining the right to manage the long-line. This phenomenon raises legal issues, particularly regarding the ownership status of marine space and the validity of such transactions from an Islamic legal perspective. This study aims to analyze the legal status of dowries for long-line seaweed cultivation on the coast from the perspective of Islamic jurisprudence (fiqh mu'āmalah) and Islamic law. This study uses a qualitative method with a normative-empirical approach, through a literature review of the Qur'an, hadith, and the principles of ushul fiqh (Islamic jurisprudence), as well as interviews and observations of seaweed cultivation practices in the coastal areas of South Sulawesi. The research results show that marine space is a common resource (mālikiyyah al-‘āmmah) that cannot be traded absolutely by individuals. Therefore, the practice of plot dowry is not justified if interpreted as the sale and purchase of exclusive ownership of marine space. However, plot dowry can be justified according to sharia if positioned as a permit fee or management rights based on ijarah or partnership contracts (musyārakah/muḍārabah) that guarantee justice, transparency, and the benefit of coastal communities. This research recommends a model for managing rope-spanning plots based on sharia partnerships and government regulations to prevent monopolies and protect the rights of coastal communities.