ALTERNATIF PENYELESAIAN MASALAH RIBA PADA PEMANFAATAN BARANG GADAI OLEH MURTAHIN (PEMEGANG GADAI) PERSPEKTIF MASLAHAH MURSALAH

Rudiansyah, S.Pi., NIM.: 21203011004 (2023) ALTERNATIF PENYELESAIAN MASALAH RIBA PADA PEMANFAATAN BARANG GADAI OLEH MURTAHIN (PEMEGANG GADAI) PERSPEKTIF MASLAHAH MURSALAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of using pawned goods has become a tradition that is rooted in almost all regions in Indonesia, including rural communities and indigenous peoples. Pawn linguistically has the meaning of making something as collateral. As for pawning in the Shari'a sense, it means to make something of value property from a sharia point of view, as a debt trust that can be made possible to take part or all of the objects pawned as repayment if the pawnbroker is unable to pay off the debt. The pawn itself functions as a giver of security to the party providing the receivables, where during the agreed timeframe, the pawnbroker can take back the pawned item to the pawn holder after paying off the debt. Originally, the right of the pawn holder was only to hold the pawned item, not to use the pawn item. According to the Shari'a, the use of pawn goods by the pawn holder is usury, because they are considered to have benefited from debt transactions. This type of research is library research or literature study. Literature study is a study in research conducted by digging up information or data from various references or the results of similar or similar previous studies in order to obtain a theory related to the problem to be studied. The theory used in this study is the theory of usury and the theory of maṣlaḥah mursalah. The theory of usury and maṣlaḥah mursalah is used to analyze the problems studied. The nature of this research is descriptive-analytic in nature, namely by describing the data obtained and then analyzing it with the two theories above, namely the theory of usury and the theory of maṣlaḥah mursalah. The results of the study show that there are four alternatives that can be used as a solution to the problem of usury in the use of pawn goods by pawn holders. First, with the bai‘ al-‘uhdah or bai‘ al-wafā’ contract scheme. The bai‘ al-‘uhdah scheme is also known as buying and selling options, where the seller sells goods to the buyer and then at a pre-agreed time, the seller buys the goods back at the same price at the time of selling. Second, the ijārah scheme, in which the pawn holder pays an amount of rent for pawned goods that have been utilized. Third, the mukhābarah contract scheme, where the pawn holder acts as the land manager while the pawnbroker acts as the land owner, the benefits arising from the mukhābarah business can be shared according to the agreed ratio. Fourth, the tabarru‘ contract scheme, in which the pawnbroker aborts his rights and grants the benefits of the pawn goods to the pawn holder.

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