TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK GADAI PADA KECAMATAN SIMOKERTO KOTA SURABAYA

MOCH YUNUS, NIM.:15380018 (2021) TINJAUAN HUKUM ISLAM TERHADAP PRAKTIK GADAI PADA KECAMATAN SIMOKERTO KOTA SURABAYA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The major community in Simokerto Subdistrict, Surabaya is Moslem. They practice pawning among community members which leads to the problem of usury/riba, in addition to the use of pawn items by the pawn recipient. The community pawning practice requires Rahin to add a certain amount of money to pay off their debt, and this has been accepted by the community. This thesis analyze the practice of pawning in the Moslem community of Simokerto Subdistrict, Surabaya from the practice of pawnshops in Islamic law. This research was field research, the approach used was the normative approach, and the data were collected using the interview method. The authors attempted to study the objective facts in accordance with the actual conditions that occurred at the time the research was conducted. The result of this research was the pawning practice that applied by the community of Simokerto Subdistrict, Surabaya was invalid according to Imam Syafi'i's view, the pawning contract in the pawning mechanism is not perfect or not in accordance with Islamic law. All pawning practices that were found, including in the form of debt goods and credit goods, contained elements of usury as well as the use of the goods pawned.

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