Islamic Pawnshop

CHAPTER II

DISCUSSION

A. Understanding the Islamic pawnshop

The mortgage is a place where people in need of cash can come to borrow money with personal belongings as collateral. Perhaps people still remember the slogan pawnshop today, "Troubleshooting Without Problems". If customers borrow the cash to the bank, other than that the client must also have a mortgage, the process can take days, because the credit application needs to be analyzed in advance by the credit department at the bank. But at the Pawnshop simple and easy process, just left a personal item and show it at the counter adjuster.

            The estimator counter items will be assessed by officers. And officers will teach about how the value of liens on the goods. Value lien is a value that describes what limits the amount of money that can be borrowed using the goods concerned. If you agree, then after that it came to the counter and get cash loans that can be borrowed, of course, that in accordance with the value of liens goods. The good, this process does not take many days. This is where the advantages of a mortgage.

            Easy but of course it is not free. This means that there is still a burden to be paid. Especially for the conventional pawnshops incur interest expenses that must be paid every 15 days if it intends to redeem it. Interest expense that varies, depending on the value of the loan. For loans of Rp 5,000 to Rp 40,000 bears interest at 1.25%. For loans of Rp 40,100 to Rp 150,000 bears interest of 1.5%, while for loans above Rp 150 100 bears interest at 1.75%. However, if the sharia pawnshops only charged interest expense of US $ 900.00 per day but the burden given to customers also depend on the goods as collateral, the expenses charged to customers are used to treat the goods as collateral and pledged mengansuransikan goods simply because to keep the goods in case of force majeure.

             Then if nasabag not be able to redeem back the item, the pawnshop will auction the goods. Auction is the process of selling the goods in which the goods in question will be sold to the bidder who dared to buy at the highest price. Of course, the auction will be conducted with the knowledge of their owners.

B. Basic Principles of Islamic pawnshop

1. Al-Qur'an

Word of God,

"If you are on the way (and not in cash bermuamalah) are you do not obtain a writer, then let no dependents goods held by the indebted. (QS. Al-Baqarah 2: 283)

2. Hadith

R.a. of Aisha, the Prophet S.A.W. said:

"Verily the Prophet S.A.W. never buy food a Jew and the Prophet mortgaged an iron armor to him "(HR. Bukhari and Muslim)

R.a. of Abu Hurairah, the Prophet S.A.W. said:

"Do not pawn the goods regardless of ownership of the owner of the pawn. He gained the benefits and bear the risk. "(HR. Asya-Shafi'i, Al-Daruquthni and Ibn Majah)

Prophet S.A.W. said:

"Ride-On (vehicle) mortgaged may be climbed by bearing the costs and mortgaged cattle can be milked to bear the costs. For those who use vehicles and milking obliged to provide care and maintenance costs ". (HR. Jamaah except Muslim, Nasa'i and Bukhari)

3. DSN

This premise is further strengthened by the National Sharia Board Fatwa No. 25 / DSN-MUI / III / 2002 dated June 26, 2002 stating that the loan by mortgaging the goods as collateral in the form of Rahn is allowed under the following conditions:

• General requirements :

1. Murtahin (consignee) entities have the right to hold Marhun (goods) until all debts rahin (which deliver the goods) repaid.

2. Marhun and benefits will remain the property Rahin. In principle marhun should not be used by murtahin except with permission Rahin, without reducing the value marhun and use it just a replacement cost of maintenance treatment.

3. Maintenance and storage marhun basically become a liability rahin, but can be done also by murtahin, while storage costs and maintenance remain the obligation rahin.

4. Large storage marhun administrative costs and should not be determined by the amount of the loan.

5. Sales marhun

a. When mature, murtahin should warn rahin to immediately repay the debt.

b. If rahin still does not repay the debt, then the forced sale marhun / executed.

c. Sales Results Marhun used to pay off debt, the cost of maintenance and storage of unpaid as well as cost of sales.

d. Excess proceeds belong rahin and deficiencies became rahin obligations.

• Closing

1. If either party can not fulfill its obligations or if there is a dispute between two parties, the settlement through Sharia Arbritase Agency after no agreement was reached by consensus.

2. The fatwa was applicable from the date specified by the provisions in the future if there is a mistake will be modified and refined as appropriate.

National Sharia Board Fatwa No: 25 / DSN-MUI / III / 2002

About RAHN set:

Loan by mortgaging the goods as collateral in the form of Rahn is allowed with the following provisions:

1. Murtahin (consignee) have the right to hold marhun (goods) until the debt rahin (who delivered the goods) settled

2. Goods may not be used by murtahin without authorization rahin

3. Costs and cost of storage of goods pawn (marhun) borne by pawner (rahin). the amount of the costs in question should not be based on the size of the loan.

4. Murtahin not verifiable debts, then marhun forcibly sold / auctioned

 DSN No. 26 / DSN-MUI / III / 2002 of Rahn Gold stipulate:

1. Gold is permissible under the principle Rahn Rahn (see DSN number: 25 / DSN-MUI / III / 2002 concerning Rahn),

2. Costs and Storage Cost of goods (Marhun) borne by pawner (Rahin).

3. Cost as referred to in point b is based on the amount of expenditure manifestly necessary.

4. The cost of storage of goods (Marhun) is performed based on the principles of Ijarah.

 The function and purpose of the institution

• Vision:

in 2013 pawnshops to be a "champion" in the financing of micro and small pawn based on sharia and the fiduciary for the middle to lower

• Mission:

 To assist government programs to improve the welfare of the people especially the lower middle class by providing the best financial solutions through lending micro, small and medium enterprises on the basis of legal and fiduciary lien. Providing benefits to stakeholders and implementing good corporate governance consistently. Implement business in order to optimize resources.
Mission trip Pawnshop:

Pawnshops mission as an institution that helps to improve the economy by giving cash loans based on the law of pawn to small communities, in order to avoid the practice of lending money at interest is not reasonable asserted in the decision of the Minister of Finance No. Kep-39 / MK / 6/1/1971 dated January 20, 1970 with the following main tasks:

1. Fostering grassroots economy by lending on the basis of the legal pledge to

2. The farmers, fishermen, small traders, small industry, which is productive Workers / civil servants weak economy and consumptive

3. Opt prevent unfair lending, debt bondage, dark pawn shops, and other usurious practices.

4. In addition to lending, as well as other businesses that are beneficial especially for government and society

5. Maintaining credit patterns that really focused and helpful and if necessary expand its area of ​​operations.

With concomitant change in corporate status of Perjan be Perum company's mission statement was formulated back in the consideration not to the mission of the company is that it limits the space for the company and the target market is not only a community of small and middle classes only then created the company's mission Pawnshop is "helping the government program in efforts to improve the welfare of middle-class society through the main activities in the form of portfolio mortgage loans and conduct other profitable businesses ".

Based on the mission of the pawnshop can be said that the actual mortgage is a financial institution which has a field of vision and mission of how people are treated and a fair chance in the economy.

B. Organization Operational Mechanism

Implementation of Islamic pawnshop operations nearly resemble the conventional Pawnshop. As with conventional Pawn, Islamic pawnshop also funneling money loan secured by movable items. The procedures for obtaining mortgage loans is very simple sharia, people just show proof of identity and chattels as collateral, the loan money can be obtained in a relatively long time is not (approximately 15 minutes). Likewise to repay the loan, the customer simply handed over some money and letters Rahn evidence alone by the time the process is too short.

In addition to some semblance of some terms, if viewed from the aspect cornerstone concept; transaction engineering; and financing, Islamic pawnshop have the distinctive feature that its implementation is very different from conventional Pawnshop.

Sharia pawnshops operating mechanism is an implementation of the basic concept of Rahn established by the scholars of fiqh. Technically, execution or Sharia pawnshop activities are:

1. Type the pawned goods

2. Jewellery: gold, silver, pearls, diamonds and the like.

3. Household appliances: kitchen equipment, fixtures eating / drinking, perlengkaan farming, and so on.

4. Cost Kendaraam: bicycle, motorcycle, car, and so forth.

1. Fees charged on sharia pawnshops mepliputi administrative costs and storage costs of goods pawn.

The administrative costs include:

1. The real cost incurred, such as supplies, equipment, and labor costs

2. The cost is determined based on its own SE

3. uncollected in advance when the loan is disbursed

As for the contract in syariah pawn shops:

• Akad Rahn. Rahn question is hold in the debtor's property as collateral for a loan received, the parties hold receive the guarantee to take back all or part of its receivables. With this agreement Pawnshops hold movables as collateral for debts of customers / Rahin.

• Akad Ijarah. Namely the transfer of rights to contract for goods and services through the payment of wages or lease, without being followed by the transfer of ownership of the goods sendri. Through this agreement possible for Pawn to attract Ijarah fee for the storage and maintenance of chattels owned by client / Rahin who has done contract

• Through contract Rahn, the Customer (Rahin) obtaining financing / loans (qard) on this contract customer administration fee is charged to cover the cost disbursement process. (Fee valuation of goods, replacement supplies, etc.) and then as collateral, the customer handed over the goods moving and further Pawn store and take care of him in a place that has been provided by the pawnshop. Consequences arising from the storage process is the emergence of the costs include the value of storage investments, maintenance costs and overall process activities. On the basis of this is justified for Pawn charge (charge Ijara) to customers according to the amount agreed upon by both parties.

• Some of the agreements in the contract:

1. The term of the loan and storage of goods for a specified period for a maximum of 120 days or four months.

2. The Customer has to pay the cost of Ijarah amounting to Rp 80, - (eighty rupiahs) for each multiple of estimated Rp 10.000, - per 10 days paid simultaneously at the time, or pay off the loan installments.

3. Pay the administration fee as determined by the pawnshop at the time of disbursement of loan money.

C. Reporting and Monitoring System

The reporting system is of paramount importance both companies and institutions. Reporting is done to find out the results and developments every day. Reporting is done in every company and organization is done every day. Reporting is done by the employees and the division-division, in which they reported the results of the work that has been done, then the report will be given to the supervisor so that the supervisor can know the progress of the institution and the company. The existence of the supervisory sayariah in any financial institution that is labeled urgently needed syariah, syariah pawn shops are no exception.

In a decree of the Indonesian Ulema Council (MUI) No. Kep-98 / MUI / 2001 that the mechanism of DPS, among others:

• Conduct periodic surveillance on LKS under his supervision.

• Obliged to propose development of worksheets to the leadership of the institution and to the DSN

• Report product development and operational worksheets that supervises the DSN at least 2 times dala 1 year budget

• Formulate problems that require DSN.

The finance minister pointed sharia supervisory board whose members are appointed and dismissed by the president on the intestinal minister of state / finance. DPS oversees sharia pawnshops and products that sesau with Sharia provisions. DPS is usually placed on a level position commissioners.

In addition, DPS must also include periodic reports (usually annually) that it supervises pawnshop has been run in accordance with the provisions of sharia.

The statement is usually contained in the annual report pawnshop concerned. DPS uga meneiliti and create a new product recommendations from pawnshops it supervises.

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