ASAS : Jurnal Hukum Ekonomi Syariah
Vol. 14 No. 02 (2022): Asas, Vol. 14, No. 02 Desember 2022

Praktik Peralihan Akad Gadai Ke Jual Beli Dalam Tinjauan Fiqh Muamalah (Studi Kasus Di Desa Gunung Rejo Kecamatan Way Ratai Kabupaten Pesawaran)

Karini, Eti (Unknown)
Mulyadin, Arif (Unknown)
Istiani, Yuni (Unknown)



Article Info

Publish Date
25 Dec 2022

Abstract

The purpose of the study was to find out the Practice of Transferring Pawn Contracts for Sale and Purchase in Gunung Rejo Village, Way Ratai District, Pesawaran Regency. In addition, the study examines the review of Fiqh Muamalah on such Implementation. The type of research used is field research with a qualitative approach. Data collection was conducted through documentation and interviews with pawnshop (rahin) and pawn taker (murtahin). The results of this study indicate that the rahin cannot repay the debt he borrowed, then rahin offers collateral to murtahin with the aim of selling it. But in this case, the selling price is determined by the murtahin which causes the sale and purchase price of the land to be much lower than the actual price in the village. The transition from a pawning contract to buying and selling is not in accordance with the rules of Islamic law, because it does not meet the requirements stipulated in the Fatwa of the National Sharia Council No.25/DSN-MUI/III/2002 or Fiqh Muamalah. If the pawnshop (rahin) cannot repay the loan, the collateral is sold through auction or offered to a third party.Keywords: Fiqh Muamalah, Pawn, Sale and Purchase

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Journal Info

Abbrev

asas

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Asas (ISSN 1979-1488 E-ISSN:2722-8681) is a biannual journal (June and December), published by Faculty of Sharia, State Islamic University of Raden Intan Lampung, INDONESIA. Asas emphasizes Scientific Journal of Syari’ah Economic Law studies and communicates researches related to Syari’ah ...