MORTGAGE BUSINESS

Islam is complete and has laid the basic principles and rules in all sides of human life, perfectly. Each person must require interaction with other people to cover each other's needs and mutual assistance among them.
Therefore, it is necessary for us to know all the rules of Islam in our daily lives, among them is the social interaction with fellow humans, especially with respect to the transfer of wealth from one hand to another.
The proliferation of mortgage business
Debts, sometimes, can not be avoided. In fact, many of the emerging phenomenon of distrust among people, especially in this day and age. Finally, people are forced to ask for a guarantee items or valuables in their property lending.
Reality that there can not be denied; proliferation efforts pawnshop, both managed by government or managed by a private party, be evidence of activity-pawn pawn it. Ironically, many Muslims who are not familiar with the rules of Islamic justice and beautiful about it. In fact, the case is not a new matter in their lives. They have long been familiar with this type of transaction. As a result, there was a mutual injustice and his brother take the property by way of vanity.
This time, we lift the mortgage problems (rahn) in a review of the Shari'a, which includes several sub-chapters which will be described in three series of posts. Happy reading!
The definition of ar-rahn
The word "rahn", in Arabic, has a sense of 'permanent and continuous'. [1] It says "الماء الراهن ', if' no flow 'and the word" نعمة راهنة' meaningful 'favor that is not broken'. Some claimed that the word "rahn 'meaningful' stuck ', on the basis of the word of God,
كل نفس بما كسبت رهينة
"Every self-responsibility (suspended) for what he has done." (Al-Muddatstsir Q.S.: 38)
The word "rahinah 'meaningful' stuck '. The second notion is similar to the first because it is held fixed in place. [2]
Ibn Faris said, "The letter ra ', ha', and the nun is the origin of the word that indicates something that is taken with a permanent right or not. From this word, it forms the word 'ar-rahn' is 'something that is mortgaged.'" [3]
The definition of "rahn", in terms of the Shari'a, is explained by the scholars with the phrase, "Making the property as collateral for the debt, so debt is repaid with a guarantee, when the debtor is not able to pay off his debt." [4]
There are also other definitions, "The treasures that are pledged as collateral for the debt (the debt) paid to the value of the collateral if the debtor is not able to pay off his debt." [5]
There are other definitions as well, "Giving property as collateral for the debt to assets or property value is used as repayment of debt owed if the parties are unable to repay its debts." [6]
The Sheikh of Al-Basaam define "ar-rahn" as a 'guarantee of debt with goods, which allows the repayment of debt with the goods or of the value of the goods, if the debtor is not able to pay it off'. [7]
Legal ar-rahn
System with a mortgage debts are allowed and prescribed on the basis of the Qur'an, Sunnah, and ijma '(consensus) of the Muslims.
Postulate of the Koran is the word of God,
وإن كنتم على سفر ولم تجدوا كاتبا فرهان مقبوضة فإن أمن بعضكم بعضا فليؤد الذي اؤتمن أمانته وليتق الله ربه ولا تكتموا الشهادة ومن يكتمها فإنه آثم قلبه والله بما تعملون عليم
"If you are on the way (and not in cash bermuamalah), whereas you do not get a writer, then let no dependents goods held (by the person who gave accounts receivable). However, if some of you believe some of the others, then let the It is believed to fulfill amanahnya (debt), and let him fear Allah, his Lord. And do not (the witness) testament to hide. And anyone who hid the fact he is a sinner his heart. And Allah is Knower of all actions you do. " (Q.S. Al-Baqarah: 283)
This verse - although there is the statement "the way" - but still shows its generalization, either in transit or in a state of habitation, because the word "way" in this paragraph only shows unusual circumstances require this system. This is also confirmed by the practice of the Prophet who did pawn shops, as narrated Mother of the Faithful, Aisha, in his statement,
أن النبي صلى الله عليه وسلم اشترى طعاما من يهودي إلى أجل ورهنه درعا من حديد
"Indeed, the Prophet sallallaahu 'alaihi wa sallam buy food from a Jew by debt, and he mortgaged his armor." (H.R. Al-Bukhari, no. 2513; Muslim, no. 1603)
Likewise, the scholars agreed stating pensyariatan ar-rahn is in a state of Safar (journey), but they still disagree about the skill in a state of Safar. Imam Al-Qurtubi said, "No one is banned on the state of ar-rahn drinks alcohol, but Mujahid, Adh-Dhahak, and David (Azh-Zhahiri)." [8] Similarly, Ibn Hazm.
Ibn Qudama declared, "is allowed to perform ar-rahn in a state of Safar (persistent), as allowed in the state of ar-rahn Safar (traveling). Ibn Mundhir stated, 'We do not know anyone who menyelisihi this unless Mujahid; he states , 'Ar-rahn not apply, except in cases of Safar, because Allah Subhanahu wa Ta'ala says,
وإن كنتم على سفر ولم تجدوا كاتبا فرهان مقبوضة
'If you are on the way (and not in cash bermuamalah), whereas you do not get a writer, then let no dependents goods held (by the person providing accounts receivable).''
However, it is true in this case is the opinion of the majority of scholars, with the acts the Prophet sallallaahu 'alaihi wa sallam above, and his words,
الرهن يركب بنفقته إذا كان مرهونا ولبن الدر يشرب بنفقته إذا كان مرهونا وعلى الذي يركب ويشرب النفقة
'Ar-rahn (pledge item) was saddled with for a living, when he mortgaged; milk of lactating animals were taken with a living because, if the animal is mortgaged. Income was required to be given by people who ride these animals and by people who drank milk. ' (H.R. Al-Bukhari, no. In 2512). And Allaah knows best. "[9]
This opinion Qudamah dirajihkan by Ibn Al-Hafiz Ibn Hajar, [10] and Muhammad Al-Amin ash-Syinqithi. [11]
Is ar-rahn must exist in a state of Safar and mukim?
Having explained that the ar-rahn pensyariatan applicable in a state of Safar (journey), then the remaining question: Is it compulsory ar-rahn on muamalah in travel and be a resident of a state, not mandatory on the whole situation, or shall in any circumstances Safar?
The scholars disagree in two opinions on this subject:
A. Ar-rahn shall not exist, either in muamalah in a state of Safar, or even in a state of habitation. This is the opinion of the four schools of priests (Hanafiyah, Malikiyah, Syafi'iyah, and Hanbaliyah).
Ibn Qudama said, "Ar-rahn is not mandatory. We do not know who menyelisihinya. He is the collateral for the debt, so it is not mandatory, as it is not obligatory Dhiman (liability insurance). [12]

    This argument is the argument postulates that shows pensyariatan in a state of ar-rahn mukim above, which did not indicate any order, suggesting that these ar-rahn must not exist.
Likewise, because the ar-rahn is the guarantee of debt, so it is not mandatory, as is the necessity of ADH-Dhiman (liability insurance) and al-kitabah (writing debt contracts). In addition, because these ar-rahn bermuamalah exists when the parties have difficulty writing the debt agreement. When al-kitabah not obliged to do so as well as his successor.
2. Ar-rahn must exist on muamalah conducted in a state of Safar. This is the opinion of Ibn Hazm, and who agree.
This opinion is postulated by the word of God,
وإن كنتم على سفر ولم تجدوا كاتبا فرهان مقبوضة
"If you are on the way (and not in cash bermuamalah), whereas you do not get a writer, then let no dependents goods held (by the person who gave accounts)."
They stated bahawa sentence "then let no dependents goods held (by providing accounts receivable)" command is meaningful news.
They also postulate the words of the Prophet sallallaahu 'alaihi wa sallam,
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط
"All the conditions are not in the book of Allah then he is vanity, although as many as a hundred conditions." (H.R. Al-Bukhari).
They stated, "ar-rahn Reservations in the state of Safar in the Qur'an, and it was ordered, so we must practice it, and he was not required there (at the last muamalah) in a state that she fabricated mukim (not practiced in the state of mukim, ed. ).
This opinion can be refuted with the argument: that the command in the verse intends to provide guidance, not a liability. This is clearly demonstrated in the word of God afterwards,
فإن أمن بعضكم بعضا فليؤد الذي اؤتمن أمانته
"However, if some of you believe some of the others then let those who believed it fulfilled amanahnya (debt)." (Q.S. Al-Baqarah: 283)
Likewise, the legal origin of the transactions is permissibility muamalah (permissible) which remains valid until its ban there, and here there are no restrictions apply. [13]
The rajih is the first opinion. And Allaah knows best.
To be continued, insha Allah ....
==Footnotes:[1] See Al-Ahkam Taudhih Bulugh Al-Maram min, 4:460.[2] Lisan Al-Arab, said: rahana; quoted from Al-Fiqh Al-Muyassarah, Qismul mu'amalah, p. 115.[3] Al-Mu `jam Maqayis lughah, 2:452; quoted from Al-Kibar Abhats Hai'at Mamlakah bil Al-Ulama Al-Arabiyah Su'udiyah, 6:102.[4] See Al-Majmu 'Syarhul Muhadzab, 12:299 - 300.[5] See Al-Mughni, 6:443.[6] See Al-Sunnah wal Fiqhis Wajiz fi Kitab Al-Aziz.[7] Al-Ahkam Taudhih Bulugh Sharh Al-Maram, 4:460.[8] Abhats Hai'at Kibar Ulama, 6:107.[9] See Al-Mughni, 6:444 and Al-Ahkam Taudhih, 4:460.[10] Fathul Bari, 5:140.[11] Adhwa 'Al-Bayan, 1:228.[12] Al-Mughni, 6:444.[13] Abhats Hai'at Kibar Ulama, 6:112 - 112.
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