Sharia Economic Law Analysis of Plant Utilization on Donated Land

Abstract

This study examines the utilization of productive plants on donated land at Al-Hasanah Islamic Boarding School, East Tanjung Jabung, from the perspective of Sharia Economic Law. The study focuses on the legal status of plants cultivated on donated land, the patterns of utilization and distribution of agricultural benefits, and the conformity of such practices with the principles of ownership, qabd, contractual certainty, justice (‘adl), mutual consent (tarāḍin), and maslahah. This research employed a qualitative field research design using a case study approach. Data were collected through semi-structured interviews, direct observation, and documentary analysis involving pesantren administrators, the donor, plant managers, and members of the surrounding community. Data were analyzed through data condensation, data display, and conclusion drawing, with source and methodological triangulation employed to ensure trustworthiness. The findings demonstrate that the land was transferred to the pesantren through a documented hibah in 2017, accompanied by actual possession and utilization. The donated land is currently used for productive agriculture, including oil palm, vegetables, and chili, with the resulting products allocated for internal consumption, pesantren operational needs, and commercial sale. Documentary evidence indicating that the land was donated “together with its contents” further supports the pesantren’s ownership of plants existing on the land at the time of transfer. Nevertheless, the study identifies governance weaknesses in the subsequent management of agricultural assets, particularly the absence of written agreements with third-party cultivators, unclear benefit-sharing arrangements, and limited institutional monitoring. From the perspective of Sharia Economic Law, the utilization of the donated land and its productive plants is substantively permissible because it generates economic and social benefits and is consistent with ‘adl, tarāḍin, and maslahah. However, stronger contractual and administrative governance is required to prevent gharar, protect the rights of all parties, and ensure accountability. The study contributes to the discourse on productive hibah by demonstrating that legal certainty over donated land must be accompanied by transparent post-transfer governance of the assets and benefits generated from it