Islamic Mortgage

Pawning is one category of debt agreements, which for a trust of the people who berpiutang, then the people who owe the goods pawned as security for that debt. Practices such as these have existed since the time of the Prophet Muhammad. And the Prophet himself never did. Pawning has social value is very high and is voluntary on the basis of mutual help.

Pawning Legal Basis
Whether you can pawning transactions governed by Islam in the Qur'an, Sunnah and Ijtihad. Of the three sources of law are presented the legal basis as follows:
1. Al-Qur'an: The verses of the Qur'an that can be used as legal basis is the fiduciary agreement QS Al Baqarah verses 282 and 283. The core of the second verse is: "If you do not bermu'amalah in tuni for the specified time should you write, which dipersaksikan two male witnesses or one of a male witness and two female witnesses".
2. As-Sunnah: In the hadith from 'Aisha mentioned that Prophet Muhammad never buy food from a Jew with a price owed, as a dependent on the debt that the Prophet Muhammad gave his armor (Narrated by Bukhari).
3. Ijtihad: Based on the Qur'an and Al-Hadith above show that the transaction or lien agreement is justified in Islam, even the Prophet Muhammad never did. However, more study needs to be done in the conduct of Ijtihad.

Pawning the Rahn equation:
1. Valid lien on the loan of money,
2. The presence of collateral as a guarantee of debt,
3. May not take mamfaat goods pawned,
4. Cost of goods pawned borne by the fiduciary,
5. When borrowing money deadline had expired, the pawned goods may be sold or auctioned.

Differences Rahn with Pawning:
1. Rahn Islamic law is voluntary on the basis of mutual help without making a profit, while the lien according to the principle of civil law in addition to mutual assistance also took advantage by drawing the interest or capital lease is defined.
2. In civil law, a lien is only valid on a moving object, whereas in Islamic law, Rahn rights apply to all property, whether property is moving or not moving.
3. In Rahn, according to Islamic law there is no term interest money.
4. Pawning according to civil law, implemented through an institution, which in Indonesia is called Perum Pegadaian; Rahn according to Islamic law can be implemented without going through an agency.

Aspects of Sharia Pawning establishments.
The desire for the establishment of community institutions in the form of Sharia fiduciary companies, perhaps because the Muslims wanted a corporate fiduciary institutions are actually implementing the principles of Islamic Sharia. To accommodate this desire should be examined various important aspects, among others:
1. Legal Aspects.
2. Pemodalan aspects.
3. Aspects of Human Resources.
4. Institutional Aspects.
5. Aspect Systems and Procedures.
6. Aspects of Supervision.

Operational Mechanism Pawning Sharia (Rahn).
Over lien agreement is determined by many things. Among others is the subject and object of pawning agreement. Lien agreement is subject Rahin (who pawned goods) and Murtahin (which hold the pawned goods). Object is Marhun (pawned goods) and Debt Rahin received.

Lien agreement or mechanism can be formulated Rahn if already known, some things related include:
1. Terms Rahin and Murtahin.
2. Marhun and debt requirements.
3. Marhun position.
4. Risk of damage Marhun.
5. Marhun's removal.
6. Treat the interest and usury in pawn agreement.
7. Marhun harvesting.
8. Marhun maintenance costs.
9. Debt payments from Marhun.
10. Murtahun rights of inheritance.

Mining prospects Sharia (Rahn).
1. Pawnshops strength, derived from the Shariah:
a. Muslims who support the majority of the population.
b. Support for Islamic financial institutions around the world.
c. Provision of soft loans Qardul Al-Hasan and loans Mudaraba with profit-sharing system for pawnshops are in accordance with Shariah development needs.

2. Weaknesses Pawnshop Sharia:
a. Prejudiced good to all its customers, and assume that all those involved in the production sharing agreement is to be honest. But this can backfire.
b. Requires a complex calculation methods, especially in calculating allowable costs and the distribution of customers for customers small.
c. Because the concept of profit-sharing, Sharia pawnshops require more professional personnel that are reliable.
d. Perngakat there is need for implementing regulations for guidance and supervision.

3. Pawnshop opportunities Sharia.
a. The emergence of various business institutions Sharia (Sharia financial institutions)
b. The existence of economic opportunities for the development of Sharia Pawnshop.
4. Pawnshop threat of Sharia.
a. Considered the existence of religious fanaticism.
b. Difficult to eliminate mechanisms that have been rooted interest and beneficial to small groups.

Pawnshops in the Islamic Perspective.
Islam teaches mankind to live help each other with a sense tenggung based on shared responsibility, guarantee, guarantees, and responsibility-taking in community life. The same in lending money to others who need, but burdened with additional responsibilities in return for money in return for the period that has been given against the borrower.

Overview Pawnshop in Islamic Perspective.
1. Understanding Pawning: Agreement in the Islamic Pawning called Rahn, namely the agreement to withhold something good as the debt burden. Rahn said by language means "Stay", "Held" and "Hold". Furthermore Taqiuddin Imam Abu Bakr al-Husaini in his book halli Kifayatul Ahyar Ghayati Fii Al-Overview Rahn argued that the definition is: "Covenant / contract debts by making the property as a trust / amplifier debt and the lender has the right to sell the goods pawned it at the time he demanded his rights.

2. Pawning Legal Basis: Pawning the ruling Jaiz (allowed) by the Book, Sunnah and Ijma '(Sabiq, 1996:139).
a. Evidence from the Qur'an: Surat Al-Baqarah verse 283: It means, "If you're on the way (and not in cash bermualah) are you not getting a writer, there should a dependent goods held (by the berpiutang). However if some of you believe some of the other, which is believed should fulfill his mandate it (debt) and let him devoted to God his Lord. (Q.S Al-Baqarah: 283).
b. Evidence from As-Sunnah: the Prophet Muhammad had mortgaged his armor to the Jews in exchange for wheat. Then the Jews berkakata: "It is Muhammad wanted to take away my property". Prophet then said: "Lies! In fact I was an honest man on this earth and in heaven. If you would give me the mandate to exert. You go to see my armor ". (Narrated by Bukahri).
c. Ijma 'Ulama: Basically, the scholars agreed that it should Pawning. The scholars did not dispute the skill as well as its legal basis. Jumhur scholars argued that the lien at the time disyari'atkan not traveling or at the time of travel.

3. Pillars and Legal Terms Pawning.
a. Pawning Pillars: Pillars of lien covering the mortgage (Rahin), the pawned goods (Marhun), those who received lien (Murtahin), something which it is held Pawning, namely price, and the nature of the covenant Pawning (Rushd, 1995:351).
b. Legal Terms lien: Required for the validity of the covenant Pawning the following: reasonable, baligh (adult), his form Marhun, Marhun held by Murtahin.

4. Treatment Interest and Usury in Pawning Agreement.
Pawning in the agreement which is basically a contract debts, it is possible there are forbidden usury by syara '. Usury occurs when the agreement is required to give additional Pawning amount of money or a certain percentage of the principal debt, at the time of paying the debt or at other times determined by Murtahin.

5. Pawning right end.
According to Sayyid Sabiq (1996), liens will expire if:
a. Rahin (who pawned goods) has paid all its obligations to Murtahin (who received pawning).
b. Pawning harmonious and conditions are not met.
c. Both Rahin and Murtahin or deny one of the provisions syara 'and the covenant that had been agreed by both.

Islam teaches Muslims to menjungjung high kemaslatan values, for then mankind will be spared from oppression and injustice practice. Then follows an alternative mechanism for the formation of fiduciary income in accordance with Shari'ah principles can be formed by:
a. Akad Rahn.
b. Akad Bai 'Al-Muqayadah.
c. Al-Mudharabah Akad.
d. Akad Qardhul Al-Hasan.

Bibliography
Bashir, Ahmad Azhar. 1983. About Riba Islamic Law, Debt-Pawning Receivables. Bandung: Al-Ma'arif.
Yusuf, Muhammad. 2000. "Conventional Mining Law in the Perspective of Islam". Thesis. Yogyakarta: College of Sharia.

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