Journal Article
Published
Legal Analysis On The Fatwa Of Sharia National Council On Rahn: Between Legal Philosophy and Its Impplementation in Indonesia Sharia Pawnshop
Abstract
p’s main argument is that there is a need for f
reading of the sacred texts so as to purge the juristic legacy of male
biased views and achieve justice and equality for Muslim women in
contemporary families. One principal methodological framework for
this idea to materialise is to embark on the re-reading of the Quran
from the women`s perspective. In this context, this paper presents
issue-based analysis of Amina Wadud’s reading of the relevant
Quranic passages on family law matters and finds that in spite of its
merits, its main handicap lies on its methodological flaws, both in
terms of approach and outcome. Methodologically, it is regarded as
selective and ultra-vires of Islamic methodology of legal reform. It
terms of impact, it is suspected as being tainted with Western
inspired assumptions of rights in terms of justice and equality
between the genders. To overcome this impasse, the paper argues for
a mediated holistic approach to harmonise relations between men
and women in the family.
Keywords: Family law, gender equality, justice, Muslim feminist.
Abstract
The function of Sharia Financial Institutions (SFI) is to
provide the 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
Volume18 (1)
Pagespp. 75-115
ISSN1829-9067
SubjectsB Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
L Education > L Education (General)
L Education > L Education (General)
KeywordsPegadaian syariah, rahn, qardh, Fatwa
DSN MUI NO. 25/DSN-MUI/III/2002 and
Fatwa DSN MUI NO. 26/DSNMUI/III/2002.
Item ID256
Deposited28 Jun 2020 01:59