The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law
This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receiv...
| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
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Indonesian Academy of Social and Religious Research (IASRR)
2022-10-01
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| Series: | International Journal of Social Science and Religion |
| Subjects: | |
| Online Access: | http://ijssr.net/index.php/ijssr/article/view/98 |
| _version_ | 1811335412071792640 |
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| author | Eka Permata Sari Ahmad Rezy Meidina |
| author_facet | Eka Permata Sari Ahmad Rezy Meidina |
| author_sort | Eka Permata Sari |
| collection | DOAJ |
| description | This paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receives the pawn should not take advantage of the pawned goods. This matter is based on the fact that the main pawning contract is debt, and the principle that applies is to help (ta’awun), not to seek a profit (without any strings attached). However, the existing practice in society is the opposite. The pawn contains an element of usury by using the pawned goods in rice fields or coconut plantations to take advantage instead of helping. The author offers the concept of bai'ul uhdah that can be used as a solution for usury in goods pawns. The pawnbroker and the pawnee can replace the usual pawn transactions carried out with a baiul 'uhdah contract. Therefore, the use of pawned goods by the parties pawnbrokers is no longer considered a form of taking advantage of receivables. In conclusion, this paper uses a normative approach to uncover valid values in the practice of pawning in society that could be actualized in the future. |
| first_indexed | 2024-04-13T17:23:47Z |
| format | Article |
| id | doaj.art-0accff7e64b44fa69574f8de36aafa89 |
| institution | Directory Open Access Journal |
| issn | 2723-5920 2746-086X |
| language | Arabic |
| last_indexed | 2024-04-13T17:23:47Z |
| publishDate | 2022-10-01 |
| publisher | Indonesian Academy of Social and Religious Research (IASRR) |
| record_format | Article |
| series | International Journal of Social Science and Religion |
| spelling | doaj.art-0accff7e64b44fa69574f8de36aafa892022-12-22T02:37:52ZaraIndonesian Academy of Social and Religious Research (IASRR)International Journal of Social Science and Religion2723-59202746-086X2022-10-0129531010.53639/ijssr.v3i3.9898The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic LawEka Permata Sari0Ahmad Rezy Meidina1Faculty of Sharia and Law UIN Sunan Kalijaga YogyakartaFaculty of Sharia and Law UIN Sunan Kalijaga YogyakartaThis paper discusses the use of pawned goods, many of which mean that pawning is a debt agreement in which the debtor includes an item to be held by the person who owes the debt (murtahin) to provide a sense of security for the person who gives the debt. The scholars agree that the person who receives the pawn should not take advantage of the pawned goods. This matter is based on the fact that the main pawning contract is debt, and the principle that applies is to help (ta’awun), not to seek a profit (without any strings attached). However, the existing practice in society is the opposite. The pawn contains an element of usury by using the pawned goods in rice fields or coconut plantations to take advantage instead of helping. The author offers the concept of bai'ul uhdah that can be used as a solution for usury in goods pawns. The pawnbroker and the pawnee can replace the usual pawn transactions carried out with a baiul 'uhdah contract. Therefore, the use of pawned goods by the parties pawnbrokers is no longer considered a form of taking advantage of receivables. In conclusion, this paper uses a normative approach to uncover valid values in the practice of pawning in society that could be actualized in the future.http://ijssr.net/index.php/ijssr/article/view/98bai’u al-uhdahpawnislamic law |
| spellingShingle | Eka Permata Sari Ahmad Rezy Meidina The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law International Journal of Social Science and Religion bai’u al-uhdah pawn islamic law |
| title | The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law |
| title_full | The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law |
| title_fullStr | The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law |
| title_full_unstemmed | The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law |
| title_short | The Concept of Bai’u al-Uhdah as the Use of Pawned Goods in Islamic Law |
| title_sort | concept of bai u al uhdah as the use of pawned goods in islamic law |
| topic | bai’u al-uhdah pawn islamic law |
| url | http://ijssr.net/index.php/ijssr/article/view/98 |
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