Comparison of Rahn Contract from the Perspective of Islamic Law and Indonesian Guarantee Law

Abstract

Pawn is an accessory contract or a complementary contract to the debt and receivable contract. The definition of a pawn is a guarantee delivery contract from a person who owes a debt to a person who is in debt with an item that has economic value. This paper provides an overview of the comparison between pawning in positive law in the Civil Code and pawning contained in Islamic law. The purpose of this paper is to identify, know, understand, and examine the specific differences between pawn contracts in Islamic law and Indonesian positive law. So that readers can map out the comparison of the two pawn contract theories. The method used in this paper is a qualitative approach. The type used in writing this article is library research. The author examines, observes and looks for data from reference books that can be accounted for. The result of the research in this paper is that the term pawn in Islamic law is called ar-rahn. The difference between rahn and pawn in positive law, among others, is regarding the maintenance of the collateral. In Islamic law the pawnbroker is not subject to the term interest or additional costs outside the pawn agreement, but there is only an additional maintenance fee for the collateral. Whereas in positive law, in addition to the cost of maintaining goods, there is also an additional cost called 'interest' that must be borne by the lender. In Islamic law collateral goods are not limited to movable goods, but also immovable goods, while in positive law the collateral object is only limited to movable goods.

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