Anayasa
Vol. 3 No. 2 (2026): ANAYASA

LEGAL ANALYSIS OF PAWNBROKING IN FIQH MUAMALAH AND ITS IMPLICATIONS IN ISLAMIC FINANCE PRACTICE

Nurlaela, Nurlaela (Unknown)
Mafaza, Arsya (Unknown)
Andhini, Andhini (Unknown)
Jamilah, Siti (Unknown)
Malik, Muhamad Ibnu (Unknown)



Article Info

Publish Date
17 Feb 2026

Abstract

Rahn (Sharia pawning) is a crucial instrument for mitigating collateral-based financing risk in Fiqh Muamalah, founded on the principles of ta'awun (mutual help) and justice. This study aims to analyze the normative basis of rahn, compare it with conventional pawning, and critically evaluate the implementation of Rahn Bi Ujrah in Islamic Financial Institutions (LKS) using a normative-comparative literature review approach. The findings indicate that while Rahn Bi Ujrah is jurisprudentially permissible, provided the ujrah (fee) is based on real costs and separated from the loan contract, structural contradictions exist in the practice of Sharia Banks. The determination of ujrah percentages correlating with the loan amount suggests that the fee functions as the price of capital usage, potentially violating the DSN-MUI Fatwa. Conversely, OJK regulations enforce Maqashid Syariah principles during the execution phase, mandating the return of surplus funds from collateral auctions to the customer. The study concludes that stricter regulatory standardization of ujrah is essential to ensure comprehensive compliance and maintain the credibility of the Islamic financial system.

Copyrights © 2026






Journal Info

Abbrev

anayasa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to ...