An Analysis of The Validity of Pawning Borrowed Goods From The Perspective of Fikih Muamalah in The Village of Bojong Kidul

Abstract

Abstract. This study was motivated by the practice of pawning borrowed goods, which remains widespread in Bojong Kidul Village specifically, the use of another person’s property as collateral for a debt without the owner’s permission at the time the contract is signed. This phenomenon raises questions regarding the validity of such contracts under Islamic commercial law (fikih muamalah), particularly concerning the ownership status of the goods used as collateral and the granting of permission after the contract has been agreed upon. This study aims to analyze the mechanisms of this pawnbroking practice and evaluate its validity from the perspective of Islamic commercial law (fikih muamalah). This study employs a qualitative method using a case study approach. The subject of the study is the practice of pawning borrowed goods in Bojong Kidul Village. Data were collected through in-depth interviews, observations, and documentation as primary sources, as well as Islamic literature, scientific journals, and supporting documents as secondary sources. Data analysis was conducted through data reduction, data presentation, and conclusion and verification. The research findings indicate that pawnbroking is conducted verbally, with the owner’s consent given only after the agreement has been reached. In fikih muamalah, this practice falls under the category of tasharruf fudhuli, which is a subject of debate among scholars. The Hanafi and Maliki schools of thought consider such contracts to be in a suspended state and valid only after obtaining the owner’s consent, whereas the Shafi’i and Hanbali schools consider them void if the ownership requirement is not met at the time the agreement is made.