Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

The Development of Rahn's Thinking From Nash To Qanun

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333542,
        author={Abdurrahman  Wahid and Ai Imas Mursyidah Zein and Anisa  Ilmia},
        title={The Development of Rahn's Thinking From Nash To Qanun},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={rahn’s thinking; nash; qanun sharia},
        doi={10.4108/eai.6-5-2023.2333542}
    }
    
  • Abdurrahman Wahid
    Ai Imas Mursyidah Zein
    Anisa Ilmia
    Year: 2023
    The Development of Rahn's Thinking From Nash To Qanun
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333542
Abdurrahman Wahid1,*, Ai Imas Mursyidah Zein1, Anisa Ilmia1
  • 1: Universitas Islam Negeri Sunan Gunung Djati, Bandung, Indonesia
*Contact email: wahidabdurrahman1983@gmail.com

Abstract

The purpose of this article is to provide an explanation of the social history of how pawn law and Sharia pawning came to be in Indonesia. Pawn is a type of business that has been around for a long time. Portrays the social history of the advancement of pawn regulation and Sharia pawning in Indonesia. Pawn is a type of business that has been around for a long time. Three sorts of regulation manage the act of pawning, in particular: customary law, positive law, and Islamic law. According to Islamic law, Rahn is categorized as an act of Jaiz or permissible according to the provisions of the Qur'an, such as-Sunnah, and Ijma'. In classical fiqh, Rahn is understood as a personal contract, in the sense that an aqad takes place between a person who is in trouble but has goods, and a person who has the required cash assets. The Rahn contract is classified as a tabarru contract because the object handed over by the rahin to the murtahin is without compensation or compensation. Nowadays, with developments and economic progress, Rahn does not only apply between individuals, but also between individuals and financial institutions, such as banks.