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Practical of Syariah Pawn (Rahn) in Fatwa of National Shariah Board -Indonesia Ulama Council (Case Study at Syariah Indonesia National Bank (Bni)

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Practical of Syariah Pawn (Rahn) in Fatwa of National Shariah Board -Indonesia Ulama Council (Case Study at Syariah Indonesia National Bank (Bni) INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH VOLUME 7, ISSUE 1, JANUARY 2018 ISSN 2277-8616 Practical Of Syariah Pawn (Rahn) In Fatwa Of National Shariah Board -Indonesia Ulama Council (Case Study At Syariah Indonesia National Bank (Bni) Windy Indah Yulianda, Dr. Muhammad Syaifullah Abstract: The background of this research is the combination of qardh and ijarah contracts, and the calculation of the cost of rent place done by syariah bank with equal 2% per month from the loan debt value. This research is a qualitative research, the type of research is fieldresearch as for the method used is descriptive method. Research Sites at BNI Syariah in Pontianak City, West Kalimantan, Indonesia. Data source is primary data, that is data obtained by through interview and observation in BNI Syariah. Secondary data, ie data reports and documents related to research.Teknik and Data Collection Tools, data collection through observation techniques, interviews, documentation and field notes. Data Analysis Techniques, namely reduction, data display and data verification and conclusion. Technique of Data Validity Inspection with member check technique and triangulation. The results of research are 1) the practice of syariah pawn in BNI Syariah can be quite good, based on interview result of the researcher to the resource person. The first thing done by the customers is to come to the sharia bank by bringing the lien of gold, after which the customer fill out the filing form and make the contract to the sharia bank. After all the requirements are submitted to the bank, the bank will realize the submission and the customer will get the financing; 2) Maintenance and storage costs of Marhun are determined based on the loan amount. The determination of tariffs and maintenance fees is determined by the value of the loan as well as the estimated gold. As it is known that in the application of Fatwa DSN MUI No: 25 / DSN-MUI / III / 2002 has not fulfilled the gold mortgage agreement. Kew Word: Shariah Pawn (Rahn) and Fatwa of National Sharia Board (DSN)-Indonesia Ulama Council (MUI) ———————————————————— 1. Introduction Pawn is believed to provide many benefits for people in need Bank Indonesia as a party in charge of supervision and of quick funds. In addition, the gold value that tends to always fostering of commercial banks underneath is of course increase also become the reason people to mortgage in responsible for what is done by commercial banks, both in sharia institutions (Adrian S, 2011: v). Sharia banking provides terms of profit and from other aspects. Bank Indonesia banking services based on sharia principles. The principle of therefore issued a guideline for the preparation of sharia sharia is the principle of Islamic Law in banking activities supervision guidelines and the procedures for reporting the based on fatwas issued by institutions that have authority in results of supervision for the Sharia supervisory board. This the determination of fatwa in the field of sharia. The legal reference is then used as a reference for DPS in conducting basis for sharia banks to issue service products based on sharia supervision on the operational products of Islamic sharia principles using the DSN MUI fatwa. For the purpose of banks (Muhammad, 2011: 2). Banks based on sharia supervision of syariah financial institutions and sharia banking, principles or Islamic banks or Islamic banks, such as DSN MUI creates a guide product line shariah taken from the conventional banks, also serve as an intermediary institution, sources of Islamic law. The definition of rahn itself can be which directs funds from the community and redistributes seen in the fatwa of DSN MUI Number 25 / DSN-MUI / III / those funds to the community in need in the form of financing 2002 dated June 26, 2002 on rahn, which defines rahn as a facilities. The only difference is that Islamic banks do business loan by mortgaging goods as debt guarantees. On the basis of interests free, but based on sharia principles, the principle of the law of gold pawning based on the fatwa of DSN MUI profit and loss sharing principle or PLS principle (Sutan R.S, Number 26 / DSN-MUI / III / 2002 dated March 28, 2002 on 1999: 1). Currently, there is still an impression on the Rahn gold, which states that golden rahn is permitted based community that borrowing to banks is something more proud on rahn principle (M. Fasabeni, 2015). Until now there is still than other formal institutions. The bank offers pawn products an impression in society, if someone goes to a pawnshop to that have easier access, a much shorter process and borrow some money by mortgaging the goods as if the life of relatively simple requirements and make it easier for the the person has suffered. Another case if someone goes to a community to meet the funding needs. bank, there will be more prestigious look (Anshori, 2005: 1). Therefore, it is an opportunity for sharia banks to provide financing products in the form of gold mortgage. The practice ________________________________ of Islamic gold pawning has now become a part of products in various sharia banks. One of them is BNI Syariah Pontianak branch that has been run since several years ago and in the Windy Indah Yulianda, SE, Sharia Banking Alumni, implementation of banking operations BNI Syariah is still Faculty of Sharia and Islamic Economics, IAIN paying attention to the aspects of sharia with supervised Pontianak, Indonesia, syariah supervisory board (DPS), as well as all BNI Syariah Email- [email protected] products have been through testing from DPS meet the rules Dr. Muhammad Syaifullah, SE.,M.Si, Lecturer of of sharia. According to M. Fasabeni (2015), although the Faculty of Sharia and Islamic Economics of IAIN agreement has fulfilled the terms and conditions of gold Pontianak, Indonesia mortgage as set by the DSN MUI fatwa number 25 / DSN-MUI [email protected] / III / 2002 on rahn and fatwa DSN MUI number 26 / DSN-MUI 93 IJSTR©2018 www.ijstr.org INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH VOLUME 7, ISSUE 1, JANUARY 2018 ISSN 2277-8616 / III / 2002 concerning the golden rahn. However, there are 2011: 22; Khotibul Umam, 2016: 173; and Mardani, 2015: provisions that make the sharia banking is not in accordance 246). with the MUI due to the agreement. Calculation of the computation cost of a computed place is equivalent to 2% of 2.2 Sharia Pawn Law the loan value per month. Whereas in the general provision of the 4 fatwa number of DSN MUI number 25 / DSN-MUI / III / 2.2.1 Sharia Base 2002 dated June 26, 2002 mentioned that the cost of The legal basis on which sharia pawn is based is as follows: maintenance and storage of marhun shall not be determined 1. The Qur'an based on the loan amount. For that reason, the calculation of Surah Al-Baqarah (2) paragraph 283 which is used as a basis the cost of renting a place made by an Islamic bank by in developing the concept of pledge is as follows: equalizing 2% of the loan debt value per month is contrary to According to Kholid Syamhudi, in this verse even mentioned the fatwa of the National Sharia Board of the Indonesian "on the way", but still shows the announcement. That is, well Ulama Council (DSN MUI) on rahn. The results of the initial on the way. According to Shaykh Wahbah Zuhaili, rahn may survey that researchers do, researchers found interest in be done either in safar state or not safar pursuant to compliance with the National Sharia Board Fatwa the agreement of ulama, except Mujahid and Zhahiri madhhab. Indonesian Ulama Council about Rahn and Rahn Gold This is because the determination of skill in the Sunnah. products arranged by the DSN MUI. First, large maintenance According to him the mention of "on the way" in this verse costs based on loan amount. Whereas in general terms explains the general condition on the journey is usually no number 4 fatwa DSN MUI number 25 / DSN-MUI / III / 2002 author. Still according to Shaykh Wahbah Zuhaili, it is not a "The cost of maintaining and storing Marhun is not determined requirement in the absence of kaatib (author), because of its based on loan value". Moreover, the mortgage of sharia bank absolute ability in As Sunnah. As for the argument of the is essentially combining two contracts, namely qardh (debt) Sunnah, from Aisha Rhadiyallaahu 'Anhaa: "Verily the Prophet and ijara (sales service) contract. Customers who pawn their SAW bought from a food Jew by debt, and pawned his armor" money will get a certain loan in accordance with the (Narrated by Bukhari). The scholars have agreed on the calculation of the bank, and then the customer must pay the permissiveness of rahn when safar (journey), but still disagree cost of 'maintenance services' of gold as stipulated by the about its permissibility if in a state of no safar. Shaykh bank. Though combining the qardh and ijarah covenants Wahbah Zuhaili in his book Al-Fiqh Al Islamiy Wa Adillatuhuu contradicts the hadith of the Prophet sallallaahu 'alaihi wa said that rahn may be done either in a state of safar or in a sallam narrated from Amru bin Syu'aib that the Prophet state of no safar pursuant to agreement of ulama, except forbade the merger between the contract of sale and the Mujahid and Zhahiriyyah. This is based on the truth as stated qardh contract (HR Ahmad, this hadad is declared hasan by in the context of the above hadith. Al-Quran Al-Qashas Verses Tirmizi). 26 The verses in Surah Al Baqarah and Al Qasas explain in muamalah muamalah based on ijarah agreement related to 2.
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