Penerapan Hybrid Contract pada Akad Al-Ijarah Wa Ar-Rahn dalam Perspektif Maqasid Al-Shariah
Dr. Aunur Rohim Faqih, S.H., M.Hum.
[email protected], [email protected]
Universitas Islam Indonesia
Dr. Aunur Rohim Faqih, S.H., M.Hum.
[email protected], [email protected]
Universitas Islam Indonesia
Sharia pawnshops have developed very rapidly, along with the development of conventional pawnshops, although the quantity of network offices, customers, turnover, and profits is still not large. The development of sharia pawnshops can’t be separated from after the issuance of the MUI DSN Fatwa No. 25/DSN-MUI/III/2002 concerning rahn, the DSN MUI Fatwa No. 26/DSN-MUI/III/2002 concerning golden rahn and Law No. 21 of 2008 concerning sharia banking. Since the issuance of the fatwa and the law, various sharia pawn service products have flourished, both in sharia pawnshops and in various sharia banks. One of the superior financing products in sharia pawnshops is Rahn (sharia pawning), pawn financing based on sharia principles and principles with a rahn contract, in contrast to ijarah financing (custodial of goods), namely organizing the safekeeping of goods (ijarah) for peoples who want to deposit goods to the sharia pawnshop office based on security considerations and certain other reasons. Therefore, the customer is charged a service fee or fee (ujrah) to the sharia pawnshop office because the customer has entrusted his goods to be guarded or cared for, of course the contract used is the ijarah contract. The legal consequence of the existence of an ijarah contract in sharia pawning in the practice of sharia pawning, according to the majority of scholars, is a false contract (illegitimate) and unlawful. In this regard, the authors are interested in conducting a study entitled Application of Hybrid Contracts in the Al-Ijarah wa Ar-Rahn Agreement in the Maqasid Al-Shariah Perspective. This study aims to determine the application of a hybrid contract to the al-ijarah wa ar-rahn contract in the maqasid al-shariah perspective. The research was conducted by looking for data through a literature study which was then analyzed with legal theory and applicable laws and regulations and described and presented in the form of a narrative, the application of a hybrid contract in the al-ijarah wa ar-rahn contract in the maqasid al-shariah perspective can be taken a the conclusion that the application of a hybrid contract in the al-ijarah wa ar-rahn contract needs to get a more in-depth study with maqasid al-shariah to be in accordance with the principles of sharia compliance.
Hybrid contract, Al-Ijarah wa Ar-Rahn, Maqasid Al-Shariah
Universitas Islam Indonesia
Jl. Kaliurang KM. 14,5 Sleman Yogyakarta 55584
Telepon: +62 274 7070222 ext.
Email: fh[at]uii.ac.id