Journal Article
Published
LEGAL ANALYSIS ON THE FATWA OF SHARIA NATIONAL COUNCIL ON RAHN: Between Legal Philosophy and Its Implementation in Indonesia Sharia Pawnshop Implementation in Indonesia Sharia Pawnshop
Abstract
The function of Sharia Financial Institutions (SFI) is to
provide easiness for the needs of the community in
sharia-compliant funding. One of them is Pegadaian Syariah
(sharia pawnshop), which offers the pawning (rahn) contract
as one of the sharia-compliant quick funding solutions. The
National Sharia Council (NSC) realized the need to issue a
fatwa on the guidelines on rahn as a form of response to the
needs of the community in various SFI products. However,
this fatwa contains biased meaning against the concept the
rahn which is obscurely implemented between dain and
qardh in some SFI contracts. Therefore, this study tries to
analyze the DSN Fatwa NO. 25/DSN-MUI/III/ 2000 and DSN Fatwa NO. 26/DSN-MUI/III/2000 concerning rahn
between legal philosophy and its implementation in sharia
pawnshops from the perspective of Fiqh Muamalah. The
result of this study emphasizes that it is necessary to
include in this fatwa a legal philosophy underlying reason
for pawning (rahn) decision, whether it is debt (dain) caused
by buying-selling/trading (bai') or due to money loan debt
(qardh). This basis will explain the sharia-compliant
boundaries of the implementation of the rahn contract in SFI,
especially in sharia pawnshops which still makes qardh the
basis for the realization of rahn implementation.
Publication Details
JournalMazahib Jurnal Pemikiran Hukum Islam
Volume18 (1)
Pagespp. 76-115
ISSN1829-9067
SubjectsK Law > K Law (General)
Keywordssharia pawnshops, rahn, qardh, DSN Fatwa NO. 25/DSN-MUI/III /2002 and DSN Fatwa NO. 26/DSN-MUI/III/2002.
Item ID1806
Deposited06 Nov 2022 02:46