Pawning IN ISLAM

INTRODUCTION
Hundreds of the world's economy is dominated by a system of interest. Almost all economic agreements related to interest (interest). Many countries that have been able to achieve prosperity with this flower system in the poverty of other countries that continue to occur kesenjangan.perkembangan. Islamic banking is an interesting phenomenon among academics and practitioners in the economy last 20 years. We should be grateful in Indonesia that since the adoption of the Act No.7 of 1992, with implementation of all provisions in the form of government regulation, finance minister's decision, and the circulation of Bank Indonesia, the government has given an opportunity establishment of financial institutions for Shariah-based system results. Then Act No.7 of 1992 on the banks is a step forward in the development of banking, especially for the banking Shari'ah. Establishing banking and insurance Shariah Shariah and Shariah pawnshops, required a more in-depth study in advance, to various aspects of extensive and deep.

A. DEFINITIONS lien Sharia
Rahn is to make the goods as collateral for the debt and will be sold if you can not meet tangguhannya.
In fiqh muamalah, pawning agreement called "rahn". Rahn by language means the detention and determination. As word of Allah SWT:

It means: "Every soul is responsible for what has been done, (Surah 74:38)
The agreement's terms were to withhold something good as the debt burden. Rahn legal foundation or basis for borrowing and loans with collateral (goods) is the word of Allah SWT:
Surat Al-Baqarah, verse 283:
"If you're on the way (and not in cash bermu'amalah) are you not getting a writer, so let no dependents goods held (by the berpiutang). but if some of you believe some of the other, so let it fulfill the mandate entrusted (debts) and let him fear Allah his Lord, and do not be (of witnesses) hide the testimony. and those who hide it, then indeed he is a sinner his heart; and Allah knows what you do.

Other legal basis is the hadith of Prophet Muhammad narrated by Muslim from A'ishah.
"From Aisha said: Allah's Apostle SAW buy food from a Jew and mortgaged it with iron".
And the hadith of Anas ra.
"From Anas may Allah be pleased that it is he walked toward the Prophet Muhammad with bread from wheat and it has been suspended Apostle SAW armor to a Jew in Medina when he mengutangkan wheat from the Jews".
Other legal basis is Ijma 'Ulama of the law Mubah (should) fiduciary agreement.
Element - element rahn is:
a. who gave the pawned goods is called 'rahin',
b. People who receive the pawned goods is called 'murtahin',
c. Pawned goods called 'marhun', and
d. Debt-called 'marhun more'.

B. Harmonious and legitimate lien AQAD
1. Lafaz existence, the statement of fiduciary agreements.
Lafaz can be made in writing or verbally, that it contains an important point of agreement among the parties lien.
2. The existence of the giver and the recipient pawn.
Giver and the recipient should be someone pawning of understanding and maturity that can be considered competent to perform a legal act in accordance with the provisions of Islamic law.
3. The existence of pawned goods.
Pawned items must be there at the time of the fiduciary agreement and the goods belonged to the giver pawning, pawn goods were then pengasaan recipients under lien.
4. The existence of debt
Debt is going to be fixed, do not change with the addition of flowers or contain elements of usury.

C. RIGHTS AND OBLIGATIONS RAHIN AND MURTAHIN.
In normal circumstances the rights of rahin after his duty is to receive a loan in the amount of money in accordance with the limits agreed in the guarantee value, while liabilities were handed rahin collateral value huyang sufficient for the desired amount. On the other hand is the right of receiving the goods murtahin guarantee a safe value for uan to be lent. While kewajibanya borrowed money is handed over in accordance with mutually agreed.
After the due date, rahin entitled to receive goods that falls under the responsibility and obligation to pay their debts back their debts with the amount of money received at the beginning of the debt agreement. Instead murtahin entitled to receive repayment of the money given at the beginning of the debt agreement, while the duty was handed over to the dependents banrang debt rahin intact without defects.
Above the rights and obligations of the above, the obligation is to maintain the goods murtahin guarantee that the goods entrusted to him as a trustworthy, being right is to receive maintenance from rahin. Instead rahin obliged to pay maintenance costs incurred murtahin, was entitled to accept goods which falls under the responsibility of debt in one piece.
Basic menanggah law who can be referred to the maintenance costs of the opinion that based on the hadith of the Prophet Narrated by al-Shafi'i and al-Darulquthni from Muswiyah bin Abdullah bin Ja'far: "He (the owner of pawned goods) are entitled to enjoy the results and must bear the burden ( weight maintenance) ".
From other places there is an explanation that guarantees that if the goods are allowed to take its benefits for mortgaged, the party was obliged to pay for use. This is in accordance with the hadith Allah's Apostle SAW:
From Abu Hurayrah, say, the word of Allah's Apostle SAW: "The back (animal) if the mortgaged home may be financed climb. And the milk is squeezed if the mortgaged home may also be financed dimimun. And those who drank it up and pay the obligatory. "(Narrated by al-Bukhari)

D. Operationalization of Shariah PENGADAIAN
Implementation of sharia mortgage operation almost similar to a conventional mortgage. Like a conventional mortgage, Islamic mortgage loans also channel money to the security of goods moving. Procedure to obtain lien loans is very simple sharia, the people only show proof of identity and chattels as collateral goods. Money loans can be obtained in the not relatively long (approximately 15 minutes). So also to repay the loan, the customer enough to give some money and papers rahn with time and a short process.

E. PROSPECT PEGADAIAN SHARIA
The prospect of a relatively peruasahaan can be seen from a so-called SWOT analysis or to examine the strength (Strenght), weakness (Weakness), opportunity (Opportunity) and threat (Threat) as follows:
A. Strength (Strenght) of the Islamic pawnshop system
1. Support Muslims who are the majority population
2. Support from Islamic financial institutions around the world
3. Provision of soft loans Qardhul al-Hasan and Mudharabah loans with revenue sharing system on sharia mortgage is suitable to the needs of development.
a. The provision of cheap loans interest free qardhul called al-hasan is the type of loans that required people currently considering the increasing levels of interest.
b. Provision of loans to encourage establishment of togetherness Mudaraba between pawnshops and their clients in dealing with business risks and share profits or losses in a fair manner.
c. In mudaraba loans, mortgage sharia by itself will not burden customers with fixed costs that are beyond his reach. Customers are only required to share the results of his efforts in accordance with the agreements previously established. For small result if a small business profits and vice versa.
d. Investments made mudaraba loan borrowers are not dependent on the level of interest rates because there is no cost of money (interest costs) to be reckoned with.
e. Islamic pawnshop is independent and not directly affected by monetary shocks in both the domestic and international banks for this operional activity is not using the flowers.

B. The weakness of the system mudaraba (Weakness)
1. Assume good faith for all its customers, and assume that all those involved in the production sharing agreement is to be honest can be a boomerang for Islamic pawnshops would be an easy target for those who are not good beri'tikad. Example: Loan mudaraba given by profit-sharing system will greatly depend on the honesty and good i'tikad customers. Customers could not report the state of business in accordance with actual conditions. For example a business profit and loss is reported that pawnshops are not getting the profit.
2. Calculations require complicated, especially in calculating allowable costs and the profits that customers are small. Thus the possibility of miscalculation can occur at any time so required greater precision.
3. Because the mission to bring a fair result, then the pawn Shari'a requires Tanaga more-reliable professionals. A mistake in assessing the feasibility of projects to be financed with revenue sharing system will probably bring more severe consequences darupada faced by conventional fixed income results from interest (interest).
4. Because Shari'ah has not operated pawn shops in Indonesia, then here and there probably is required implementing regulations for guidance and supervision. Adaptation problems of bookkeeping and accounting system pawn Shari'a of bookkeeping and accounting systems that have been fixed, including the things that need to be discussed and obtained agreement.
By identifying these weaknesses there is an obligation on us all to think about how to cope and find the antidote.

C. Opportunity (Oppurtunity) of the Pawnshop Syaria'ah
How can the establishment of pawnshops opportunities and the possibility of sharia for growth and development in Indonesia can be seen from the various considerations that shape the opportunities below:
1. Opportunity for consideration of Religious beliefs
a. Is a real thing in Indonesian society, especially the Muslims, there are many who think that the receiving or paying interest is to revive and nourish including usury '. Because usury 'clearly prohibited in Islam, the Islamic society there are still many who do not want to take advantage of mortgage services that already exist today.
b. The increasing religious consciousness is the result of development in the religious sector increased the number of individuals, foundations, cottages, boarding schools, religious schools, mosques, Baitul Mal, and so on that have not been utilizing conventional mortgage services.
c. Charging system of money / capital lease in the current mortgage system is now feared contain elements that are inconsistent with Islamic law, among others:
- Cost determined in advance for certain (fixed), is considered ahead of destiny because like borrowing money will certainly benefit, so they can pay the loan principal and interest at a predetermined time. (See surah al-Luqman, 34).
- Fees set in percentage (%) so that when combined with elements of uncertainty faced by humans, are mathematically over time will be able to make debt doubled (see surah al-Imran: 130).
- Trading / lease the same goods and similar (eg the rupiah with dollars that are still valid, etc.) to make a profit / surplus quality and quantity, the law is riba '
- Pay the debt with better (ie given extra) as exemplified in the hadith, there must be a voluntary basis and the initiative must come from people who have debts in due time, not because it is set in advance and in a certain number (fixed)
Element - element in the concern is not appropriate and in accordance with Islamic Shari'a which wants to avoid in the management of Islamic Pawnshop.

2. The existence of economic opportunities from the development of Islamic mortgage
a. During Pronas (first, Repelita) required that all construction financing is expected to reach a very large number. Of that number is expected to be provided largely from domestic savings and of foreign funds as a supplement only. Of domestic savings is expected to be formed through the ability of government savings less than the savings melalaui community banking sector and other financial institutions.
b. Given the role that the expected amount of public savings bank sector melalaui it is necessary to look for various road and opportunities to mobilize funds from the community. Pawnshops serve melt (dishoarding) savings in the form of jewelry and goods which are not productive and invested through the mechanism of mudaraba loans.
c. The existence of Islamic pawnshops that have been adjusted so as not to deviate from the applicable provisions will enrich the financial institutions in Indonesia.
d. The concept of Islamic pawnshops to prioritize the production and trading activities and togetherness in terms of investment, business risk and share the results of efforts, will contribute greatly to the economy, especially in Indonesia intensified investment activities, providing employment opportunities and equitable distribution of income.
From the above description may conclude that the pawnshops since shari'a is in accordance with the principles of Islamic Shari'a, then pawning company with this system will have a market segmentation and excellent in Indonesia. With a few modifications and adjustments to the provisions of applicable law, the opportunity to be developed Islamic mortgage big enough.

D. Threat (Threat) from Pawnshop Sharia
The most dangerous threat is that if the desire for a mortgage was considered Shari'ah associated with religious fanaticism. There will be parties that will obstruct the development of these institutions with Shariah semeta - eyes just because they do not like it when Muslims rise from its economic backwardness. The next threat is from those who bothered to dredge the pleasures of wealth which the people of Indonesia's largest Muslim majority through systems of existing rates.

Conclusion
From the above exposition can be concluded as follows:
a. Thinking about the establishment of pawnshops Shariah is a sign of our gratitude the presence of Almighty God who has given good faith and Islam and has been the establishment of diijinkannya by government financial institutions that operate in accordance with Islamic principles
b. Shariah pawnshops have a legal basis for strong laws in Islam. The things that require attention are the elements of lien, harmonious and legitimate covenant, which can be pawned goods, rights and obligations of each party, and possession of the pawned goods.
c. Islamic pawn goods is a mere complement of the concept of debt receivables anatara individual or individuals. The concept of receivables payable in accordance with the Shari'a is one of the Islamic economic concept which is more appropriate form is qardul hasan.
d. Important aspects that need to be considered to establish a corporate fiduciary legality, aspects of capital, human resource aspects, institutional aspects, aspects of the system and procedures, aspects of supervision, etc..
e. Islamic mortgage prospects rapidly and bright, the day the public interest is increasing. Moreover, Islamic pawnshops are not emphasized in the interest of providing the pawned goods. Although without interest, Islamic pawnshops still make a profit.


References:
Pasaribu, Chaeruddin, "Agreement in the Islamic Law", Jakarta: Sinar Grafika, 1994
Class III '97 Madrasah Aliyah Hidayatul Mubtadi'in, "Knowing terms and formulas jurists" Kediri: Ponpes Lirboyo, 1997.
Sulaiman Abdul Muhsin, "Haajul Musykilah fil Iqtisshaadiyah al-Islam", Terj. Umar Ansari Sitanggal, Bandung: Al-Ma'arif, 1985.