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  • 标题:Urgency of Akad as The Protection of Rahn Consumer
  • 本地全文:下载
  • 作者:Ika Atikah ; Nur Rohim Yunus
  • 期刊名称:Jurnal Hukum Islam
  • 印刷版ISSN:1829-7382
  • 电子版ISSN:2502-7719
  • 出版年度:2021
  • 卷号:19
  • 期号:1
  • 页码:1-20
  • DOI:10.28918/jhi.v19i1.3570
  • 语种:English
  • 出版社:Sekolah Tinggi Agama Islam Negeri (STAIN) Pekalongan
  • 摘要:This paper analyzes consumer protection in Rahn's transactions from the perspective of sharia economic law. This normative legal research uses a statutory and conceptual approach. The analysis technique uses prescriptive analysis. The results show that,  customer protection in rahn transactions can occur if the pillars and conditions are valid for the contract by applying the principles of expediency, justice and equality (al-musawah), where the parties have a close relationship to fulfill their rights and obligations. According to the DSN MUI Fatwa No. 25/DSN-MUI/III/2002 rahn contracts must meet the following conditions: Murtahin (recipient of goods) has the right to hold Marhun (goods) until all debts of Rahin (who delivered goods) are repaid. Marhun and his benefits remain the property of Rahin. Marhun may not be used by Murtahin except with Rahin's permission, without reducing the value of Marhun and its utilization. The maintenance and storage of Marhun is Rahin's obligation, but it can be done by Murtahin, while the cost and maintenance of storage remains Rahin's obligation. Maintenance and storage costs should not be determined based on the loan amount. When it is due, Murtahin must warn Rahin to pay off the debt immediately. However, if Rahin is unable to pay off the debt, then Marhun may be sold through auction in accordance with sharia economic law. The proceeds from the sale of Marhun were used to pay off outstanding debts, maintenance and storage costs. The excess of the sale proceeds belongs to Rahin and the shortage becomes Rahin's obligation.
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