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All Journal Syakhshiyyah Jurnal Hukum Keluarga Islam JCAIP: Journal of Contemporary Applied Islamic Philanthropy
Muhammad Syakir Al Kautsar
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pawning Clove Plantation Land in Tolitoli Regency: The Perspective of Fiqh Muamalah Fathul Khair; Muhammad Syakir Al Kautsar; Nurul Mahmudah
Journal of Contemporary Applied Islamic Philanthropy Vol. 1 No. 1 (2023): JCAIP
Publisher : Nuban Jagadhita Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62265/jcaip.v1i1.16

Abstract

Purpose: Implementation of pawning of clove plantation land in the Tolitoli community, the clove plantation land is temporarily owned by the pawn recipient, and the produce from the land is taken by the pawn recipient. The practice of clove pawning by the Tolitoli people greatly benefits those who receive the pledge of garden land and conversely causes losses to the pawnbroker or land owner. Methodology: This research is qualitative research. Findings: The practice of pawning clove land carried out by the community in Tolitoli Regency is not in accordance with mu’amalah fiqh. The discrepancy lies in the utilization of pawn goods and the results from clove land are fully utilized by the pawn recipient.
Perbandingan Sumber-Sumber Hukum dan Karakteristiknya dalam Kajian Syariah dan Perundang-Undangan ‎ ‎ ‎, Ja'far Shodiq; Muhammad Syakir Al Kautsar
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 2 No 2 (2022): Syakhshiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v2i2.6167

Abstract

This research examines the comparison between conventional pawning and sharia pawning in the context of Indonesian law. Using library research methods, this study analyzes legal sources, characteristics, operational mechanisms, as well as views of Islamic law and legislation on pawnshop practices. The research results show that although there are similarities in several aspects, sharia and conventional pawning have fundamental differences in their operational principles and legal basis. Sharia pawning is based on the Koran, Hadith and ulama fatwas, and operates without the element of usury, while conventional pawning is regulated in the Civil Code and applies an interest system. This study also outlines the rights and obligations of the parties involved in pawn transactions, as well as the risks and benefits that accompany them. In conclusion, although both aim to meet people's needs for loans with collateral, sharia pawning offers an alternative that is more in line with Islamic principles in transactions.
Co-Authors Fathul Khair Nurul Mahmudah ‎ ‎ ‎, Ja'far Shodiq