PEMIKIRAN MAZHAB MALIKI DAN HAMBALI TENTANG GADAI DAN RELEVANSI PENERAPANNYA DI MASYARAKAT

Abstract

Pawning is part of muamalah which many people do to obtain loans for the goods they pawn. Regarding the concept of pawning, the Maliki and Hambali schools have different views. In this case, it is about the use of pawned goods. The aim of this research is to determine the thoughts of the Maliki and Hambali schools regarding the concept of pawning and the relevance of its application in society. This research uses a conceptual and comparative approach. In this research, using the library research method. Then, the data collection methods used are editing, organizing, and finding. Also, the data processing method used is the deductive method. The results of the research can be stated that pawning is permitted in Islam. Malikiyyah scholars agree that it is not permissible for ar-rahin to use al-marhun. Furthermore, if al-murtahin makes use of pawned goods, the Malikiyyah ulama provide three conditions, namely that the existing loan is caused by buying and selling, there are conditions given by the murtahin to use the pawned goods, the utilization required has a limited time. The Hanabilah ulama are of the opinion that ar-rahin is not permitted to use al-marhun other than by obtaining al-murtahin's permission. Meanwhile, if al-murtahin uses pawned goods, it is permissible only for animals that can be ridden and milked. Regarding the relevance of implementing pawn contracts in the community, for example in Samallangi Village, the terms and conditions are appropriate. However, only taking the benefits is not relevant to the thoughts of the Maliki and Hambali schools of thought.