SENDEN PAWN ISSUES AND PROSPECTS FROM AN ISLAMIC PERSPECTIVE: A CASE STUDY CANTUK BANYUWANGI

Mellina, Tesa (2019) SENDEN PAWN ISSUES AND PROSPECTS FROM AN ISLAMIC PERSPECTIVE: A CASE STUDY CANTUK BANYUWANGI. Diploma thesis, UNIDA.

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Abstract

Abstract Tesa mellina, 2019, Senden Pawn Issues and Prospects from an Islamic Perspective: A Case Study of Cantuk Banyuwangi ____________________________________________________________ Keywords: Pawn, Rahn, Bay ’Al-Wafa’ Senden pawn in a general way is a transaction based on habits of local society. According to the previous studies revealed that pawn transactions are often disadvantage rahin because of excessive use of marhun by murtahin However, the findings of some of these studies are contradicted to what happened in Cantuk Village. Senden pawn practices that occur not just harm the rahin but often harm the murtahin. Based on this problem the researcher intends to raise senden pawn practices that occur among society of Cantuk village into a study entitled “Senden Pawn Issues and Prospects from an Islamic Perspective: A Case Study of Cantuk Banyuwangi” to know how the practice occur in accordance Islamic view. This type of research is a case study research in Cantuk Village, Singojuruh Subdistrict, Banyuwangi Regency. To get the valid data, researchers used several methods of data collection, namely interviews, observation and documentation. There are two sources of data in this study, namely primary data sources from interviews with the rahin, murtahin, broker, head of village, village officials and also religious figure of Cantuk society and secondary data in the form of documents, books, journals, newspapers, or other literature that are relevant to research. While the analysis of data collected is using the descriptive analysis method with qualitative approach. Based on the results of the analysis, it was concluded the senden pawn practice that occurred in Cantuk Village was imperfect category. Because the transactions which are the status of marhun has not become the ownership of rahin and are not submitted fully with the principal document. Based on Islamic view, senden pawn practice basically is not the practice of rahn but the practice of bay’ al-wafa’, because senden pawn resembles the practice of bay’ al-wafa’. While the legal validity of bay’ al-wafa’ itself still debated by jurists. Furthermore the results of analysis in senden pawn issues and prospect that is both rahi>n and murtahin are not only contradicting the values of pawn as tabarru{‘ contract but also turn aside the maslahah in senden pawn practice.

Item Type: Thesis (Diploma)
Subjects: K Law > K Law (General)
Divisions: Fakultas Syariah UNIDA Gontor > Hukum Ekonomi Syariah
Depositing User: Mr Muhammad Taufiq Riza
Date Deposited: 04 Nov 2020 22:28
Last Modified: 04 Nov 2020 22:28
URI: http://repo.unida.gontor.ac.id/id/eprint/638

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