Islamic Law

The Law of Pawnshop in Islam Fiqh People Rarely Know

Financial is an important need in life. Life needs are sometimes uncertain. It often decreases, but It also often increases. When the needs are urgent, while the financial condition is decreasing, then what should we do?

Some people choose to pawn their valuable goods. Because borrowing money with a guarantee and high interest is considered to be heavier. While the system in the pawnshop is considered lighter because the interest rate and the period of time can be adjusted to the ability of the pawning. See also The Law of Sadaqah to Non-Mulims

As a good Muslim, every financial transaction must be considered in the point of view of Islam. Because Islam really regulates the financial transaction of its people so that it does not deviate from Islam sharia, such as riba that is forbidden in Islam. Check out the history of riba in Islam so that you know why riba is forbidden!

Well, the following will be reviewed about the law of pawnshop in Islam fiqh people rarely know.

Definition of Pawn in Islam

In Islam, Pawn is known as the term of ar rahn which means stable and lasting. Meanwhile, according to the term of shar’i, ar rahn is a treasure that is given as a guarantee for the amount of debt that is in accordance with the goods that are guaranteed. Also read The Law of Mutual Funds in Islam

Islam is allowed the transaction of pawn that is in accordance with the verse below.

The word of Allah Ta’ala,

وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُ وَلَا تَكْتُمُوا الشَّهَادَةَ وَمَنْ يَكْتُمْهَا فَإِنَّهُ آَثِمٌ قَلْبُهُ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ

“If you are on the way (and doing mu’amalat that is not in cash) while you do not get a scribe, then there must be dependents that are held (by the debtor). However, if some of you believe in others, then let those who are believed fulfill the mandate (debt) and let them obey Allah, their Lord; and (witnesses) do not hide the testimony.” (QS. Al-Baqarah: 283)

From ‘Aisyah radhiyallahu ‘anha, said,

أَنَّ النَّبِىَّ – صلى الله عليه وسلم – اشْتَرَى طَعَامًا مِنْ يَهُودِىٍّ إِلَى أَجَلٍ ، وَرَهَنَهُ دِرْعًا مِنْ حَدِيدٍ

“The Prophet shallallahu ‘alaihi wa sallam once bought food from the Jews that was not in cash (debt), then the Prophet shallallahu ‘alaihi wa sallam gave a pawn of armor.” (Hadith Al-Bukhari no. 2068 and Muslim no. 1603)

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Based on other hadiths, this pawn is only allowed when someone stays. So, if he is on traveling, then it is not allowed for him to do a pawn. See also The Law of Women Provides for Family

تُوُفِّىَ رَسُولُ اللَّهِ – صلى الله عليه وسلم – وَدِرْعُهُ مَرْهُونَةٌ عِنْدَ يَهُودِىٍّ بِثَلاَثِينَ صَاعًا مِنْ شَعِيرٍ

“When the Prophet shallallahu ‘alaihi wa sallam passed away, his armor was pawned to the Jews as a guarantee for 30 sho’ of wheat (which he was not bought in cash).” (Hadith Al-Bukhari no. 2916)

However, someone must be careful when doing a financial transaction or buying and selling according to Islam. Because even though this ar rahn or pawn is allowed, however there are the terms and conditions. Not all kinds of goods or treasures are allowed to be pawned. Also read The Law of Conducting Worship without Knowledge

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The Guarantee Goods of Pawn Are Not Forbidden Goods

The goods that will be pawned must have an economic value, private ownership and the goods that are not forbidden in Islam. The goods that are allowed to be pawned are a land certificate, gold jewelry, vehicle, house, etc. See also The Law of Buying Goods with Advances

Meanwhile, those that are forbidden to be pawned are as stated in the following verse.

أَنَّ رَسُولَ اللَّهِ -صلى الله عليه وسلم- نَهَى عَنْ ثَمَنِ الْكَلْبِ وَمَهْرِ الْبَغِىِّ وَحُلْوَانِ الْكَاهِنِ

“The Prophet shallallahu ‘alaihi wa sallam forbids the sale outcome of dogs, the income of prostitutes and the wage of shamanism.” (Hadith Al-Bukhari no. 2237 and Muslim no. 1567)

As we know that dogs, adultery, shamanism, etc are the things that are prohibited and forbidden by Islam sharia. Understand the cause of forbidden dogs in Islam and stay away from the pawn target.

The goods that are pawned are a mandate in Islam.

Fadha Fadhilah S

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