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All Journal LEGAL BRIEF Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP)
Ahmad Zuhri
Universitas Islam Negeri Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Law on Using Pawned Goods Without the Owner's Permission Perspec-tive of Dsn Fatwa Number 25/Dsn-Mui/Iii/2002 Concerning Rahn (Case Study of Sipolu-Polu Village, Panyabungan District, Mandailing Natal Regency) Habibulloh Siregar; Ahmad Zuhri
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1158

Abstract

Pawning is permitted in Islamic law. In Islam, pawning is a contract that has the principle of mutual assistance that does not seek profit. Pawned goods or also called marhun are collateral or ransom goods to obtain loans. The use of pawned goods that occurred in Sipolu-polu Village is that the pawned goods are used by employees of the recipient of the pawned goods. The occurrence of the use of pawned goods is very interesting to study. Therefore, the purpose of this study is to determine the law on the use of pawned goods by the recipient of the pawned goods in Sipolu-polu Village. This research method uses qualitative with a descriptive approach and to obtain data, the author conducted observations and interviews with the intention of knowing and observing directly about the law on using pawned goods without the owner's permission that occurs in the Sipolu-polu Village community. The results of the study stated that the law on the use of pawned goods without the owner's permission in Sipolu-polu Village is not allowed or haram according to DSN-MUI Fatwa Number 25/III/2002 because the murtahin may not take advantage of the pawned goods without the permission of the rahin. This is based on the fact that in a pawn the principal agreement is a debt, and in a debt, what applies is the principle of mutual assistance (ta'awun) and not seeking profit
Pemotongan Gaji Karyawan Sebagai Ganti Rugi Barang Hilang Perspektif Wahbah Az-Zuhayli (Study Kasus Alfamart Batang Beruh Kabupaten Dairi) Anggi Ramidah Situmorang; Ahmad Zuhri
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 4 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Mei - Juni 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i4.2067

Abstract

In fiqh muamalah, wages are compensation received by a worker for the benefits of work that he has done properly and correctly in the form of material rewards in the world (fair and decent). However, it is different from what happened at Alfamart Batang Beruh where the monthly salary is given after first deducting NBH unfairly. The case of employee wage deductions is very worrying because these deductions are made as compensation for lost goods, The object of research is focused on the practice of applying compensation for lost goods notes (NBH) to employee wages (salaries), at Alfamart Batang Beruh Dairi Regency Wahbah Az-Zuhayli Perspective, This research is empirical research, where researchers try to describe and analyze these practices using a normative approach, with reference to Wahbah Az-Zuhayli's opinion. Data collection by going directly to the field through observation, and free question and answer (interview). While in analyzing the data, researchers used descriptive analysis. This study concludes that the practice of deducting employee wages as compensation for lost goods notes at Alfamart Batang Beruh, Dairi Regency, is invalid, because it is not in accordance with the theory of ij?rah, which violates the "Al-Shihhah condition (condition of validity of the work contract)", namely "the willingness of both parties (the employee and the company). This is because, as a specialized worker (Aj?r Kha?), he is not responsible for the goods handed over to him in the work assigned to him.  
Co-Authors Anggi Ramidah Situmorang Habibulloh Siregar