Indah, Slamet and -, Septarina Budiwati, S.H, M.H.,C.N (2019) Pelaksanaan Gadai Emas Dengan Sistem Syariah (Studi Kasus di Bank Syariah Mandiri Cabang Sukoharjo). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
The purpose of this study was to determine the implementation of the gold pawning with the sharia system as well as the suitability of the implementation of the sharia gold pawning system with the rules of Islamic law and sharia principles regarding the golden rahn. This research is a type of normative legal research which examines the law which is conceived as a norm or norm that applies in society. The study was conducted at Bank Syariah Mandiri Sukoharjo Branch. The data source uses secondary data in the form of laws and regulations, Compilation of Islamic Law (KHI), MUI fatwa, and documents from companies. Data analysis techniques using qualitative analysis. The results showed that: First, the implementation of the gold pawning with the syariah system in Bank Syariah Mandiri Sukoharjo Branch was using the Rahn and Ijarah contracts. Rahn contract is a loan agreement from murtahin (a pawn recipient bank) for rahin (customer) accompanied by assignment of duties so that murtahin safeguards the surrendered collateral, rahin will only be charged with administrative costs and storage service fees, while maintenance costs use the Ijarah contract. As for the implementation procedure, the womb arrives and fills out a pawn request form, researches the quality of gold to determine the value of the financing to be given, the estimated price of mortgaged gold, receipt of the pawning request, calculation of the amount of financing, maintenance fees, and administrative costs, and the amount of installments, disbursement of financing to the womb; Second, the sharia gold pawning system at the Bank of Syari'ah Mandiri Sukoharjo Branch is in accordance with the rules of Islamic law and the shari'ah principles regarding rahn Emas. Conformity with Islamic law is in Islamic Jurisprudence recognizing a pawn agreement called "rahn", ie an agreement to hold an item as a debt dependent (QS Al-Baqarah verses 282 and 283, hadith of the prophet, and Ijma 'ulama on the mubah law (may be a pawn agreement) . The suitability of the Islamic gold pawn with Islamic legal rules is the fulfillment of the pillars of the pawn, namely: the existence of a party who has the intention, the consent and the Kabul, the guarantee (marhun) in the form of goods or property, and the existence of debt (marhun bih). The suitability of the Islamic gold pawning in BSM Sukoharjo Branch is also in accordance with the sharia principle regarding gold rahn which is guided by the National Sharia Council Fatwa Council No. 41 of Indonesia. 26 / DSN-MUI / III / 2002 concerning gold rahn which basically states: murtahin (bank) has the right to hold the collateral rahin goods (customer) until the debt is repaid.
Item Type: | Karya ilmiah (Skripsi) |
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Uncontrolled Keywords: | gold pawning system of sharia, rules of Islamic law |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Hukum |
Depositing User: | SLAMET INDAH |
Date Deposited: | 23 Nov 2019 03:25 |
Last Modified: | 23 Nov 2019 03:25 |
URI: | http://eprints.ums.ac.id/id/eprint/79529 |
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