A SHARIA CONTRACT REVIEW OF THE SALE OF BURLAP SACKED GOLD BEARING ROCK FRAGMENTS WITH POTENTIAL GOLD CONTENT

Tinjauan Akad Syariah Terhadap Praktik Jual Beli Batu Bongkahan Berkarung Goni Yang Berpotensi Mengandung Emas

Abstract

This study examines the practice of buying and selling chunks of rock in burlap sacks suspected of containing gold in Sekar Mengkuang Village, Muara Bungo Regency, from the perspective of Sharia contracts. The gold bearing rock fragmentss are sold without sorting or testing for gold content, and sellers unilaterally set prices based on intuition, mine location, and gold bearing rock fragments color. Using a descriptive qualitative approach and empirical legal research methodology, data were collected through observation, interviews, and documentation, then analyzed qualitatively, this study finds gharar fahisy because the gold content constitutes the core value of the object, and it integrates khiyar al-ru’yah with maqasid al-shariah dan hifz al-mal al-shariah in a local mining context. The results indicate that the essential elements of a sale namely, the parties, the offer and acceptance (ijab qabul), and the subject matter of the contract are formally fulfilled. However, the subject matter of the contract does not meet the requirement of clarity because the gold content which constitutes the core value of the goods is unknown to both parties. This transaction involves gharar fahisy, elements of speculation, and information asymmetry that contradict the principle of hifz al-mal. Khiyar al-ru’yah provides only partial protection. This practice can be aligned with Sharia principles through transparency regarding the object of the contract, the inclusion of a right of rescission clause, restructuring into a musyarakah contract, or setting a price based on measured weight.