Wahyuni, Serly Firda
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Zakat on Pledged Assets: Qaulī Construction, Maqāṣid al-Sharī‘ah, and the Relevance Paradox in Contemporary Rahn Practices Fatah, Abdul; Wahyuni, Serly Firda; Riskanda, Yilda; Azizah, Risma Imroathul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.510

Abstract

This study critically analyzes the legal framework of Indonesian Ulema Council Fatwa No. 67 of 2022 regarding zakat on pledged goods, focusing on the qaulī construction, the maqāṣid al-sharī‘ah orientation, and its contextual relevance. Employing a normative legal methodology with a socio-economic contextual analysis, this study utilizes primary legal sources such as the Qur’an, hadith, and classical fiqh texts (al-Majmu’ and Kasysyaf al-Qina’) alongside secondary empirical data derived from previous studies on Islamic pawnbroking. The findings indicate that the fatwa was formulated primarily through a qaulī approach, referencing the opinions of Imam Nawawi and Manshur al-Buhutiy, which assert that a rahn contract does not extinguish full legal ownership (milk al-tām), thereby maintaining the zakat obligation on the pledgor (rahin). While the fatwa effectively secures the continuity of zakat distribution for recipients (mustahik), drawing on secondary empirical literature reveals that pledgors frequently utilize rahn as a survival strategy under financial strain. To capture this tension, this study explicitly defines the relevance paradox as an analytical concept denoting the structural contradiction between a ruling's flawless normative legitimacy treating the pledgor as a capable zakat payer based on formal ownership, and the empirical reality where pledgors face economic vulnerability and liquidity constraints. Consequently, this study argues that contemporary fatwa formulation must integrate normative legal certainty, maqāṣid al-sharī‘ah, and empirical socio-economic considerations to ensure that Islamic law remains responsive to modern societal dynamics.