TINJAUAN FIKIH MUAMALAT TERHADAP PAGANG GADAI DI SUMATERA BARAT

RIKA ANGGRAINI,, NIM. 18203010081 (2021) TINJAUAN FIKIH MUAMALAT TERHADAP PAGANG GADAI DI SUMATERA BARAT. Masters thesis, PASCASARJANA.

Preview	Text (TINJAUAN FIKIH MUAMALAT TERHADAP PAGANG GADAI DI SUMATERA BARAT) 18203010081_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (TINJAUAN FIKIH MUAMALAT TERHADAP PAGANG GADAI DI SUMATERA BARAT) 18203010081_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB)

Abstract

Pagang gadai in West Sumatra is a transaction that has existed since ancient times. When we look at the mortgage disputes that pagang gadai have occurred in 1942 or during the Dutch colonial era. pagang gadai was born in an effort to help fellow human beings in meeting their daily needs. In practice pagang gadai it can be illustrated that the use of collateral is due to loans and borrowings. Meanwhile, this is contrary to the principle of fiqh muamalah, i.e. the use of loans and borrowings is classified as an act of riba. However, this practice still exists to this day. Due to this academic unrest, it is necessary to study in more depth in relation to the review of fiqh muamalah against pagang gadai that took place in West Sumatra. This type of research is descriptive analytical and is library research and field research. This paper uses a normative approach because the knife of analysis used is muamalah fiqh, which is to use the theory of bai 'al-wafa' in answering the problems being studied. The results of this study show that: first, the implementation of pagang gadai in West Sumatra is done on the basis of helping fellow human beings to meet their daily needs. Objects that used to be only land or other immobile objects have undergone development, which can be other objects such as fish ponds, motorcycles, and other objects. Second, pagang gadai is the implementation of the bai 'al-wafa' contract because the pawnshop is in accordance with the pillars and conditions of bai 'al-wafa'. Thus, according to the author, pagang gadai is allowed because it fulfills the objective of the syariah, which is to achieve profit. According to the author, the pawnshop has fulfilled the principle of bermuamalah. This is because mortgages are not contracts that contain elements of riba, gharar, maisir batil and other prohibited forms. So the essence of bermuamalah is the pleasure of both parties, and as happened in West Sumatra there is no element of coercion or extortion at all, but the parties do it themselves.

Share this knowledge with your friends :

Actions (login required)

View Item