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JURNAL AT-TASYRI VOLUME IV, NO 2, AGUSTUS 2012 - JANUARI 2013

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Abstract

This paper aims to investigate the views of the Islamic law and the lien position of the pawned goods (marhun). There are differences of opinion among the Fuqaha see marhun guarantee if lost in the hands of the murtahin not negligent in guarding it. there are three opinions. First, that is responsible for marhun murtahin in full, as there marhun disappeared on or hidden murtahin such as jewelry or clothing, or pawning goods are not supernatural at murtahin or may not be hidden like a house, animals, and rice before harvest. Secondly, that is not borne by murtahin marhun fully, both the goods lost or not lost on murtahin. So do not fall on each receives something of the debt, and as if the goods are destroyed (lost) on the owner, not by breaking the boundaries of one of them. The opinion according to school Shafi'ites, Hanabilah, David Dhaheri. It was narrated from Ali kw, 'Atha', Auza'i, Tsur and Ibn Abi Mandzur. Third, that the guarantee on murtahin, when it lost pawn goods, if the goods while the lien is not lost, it is not covered by murtahin, and not lost the debt. Marhun as if it is lost when it is on the owner, not by breaking the boundaries of murtahin, it is in line with the school Malikiyah.

Kata kunci: Pegadaian Syariah dan Marhun.

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