The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed

The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed

According to the Islamic jurisprudence, al-rahn is pledging a non-fungible property as surety against debt whereby the debt shall be paid from the pledged item in case of default. However, Muslim jurists differed in determining the nature of al-rahnu contract. The Hanafi, Shafi`i and Hanbali jurists...

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Main Authors: Sharif, Dziauddin, Shaharuddin, Amir, Muhamed, Nurul Aini
Format: Article
Language:English
Published: Academy of Contemporary Islamic Studies 2016
Online Access:http://ir.uitm.edu.my/id/eprint/16529/
http://ir.uitm.edu.my/id/eprint/16529/
http://ir.uitm.edu.my/id/eprint/16529/2/AJ_DZIAUDDIN%20SHARIF%20JCIS%2016.pdf
id uitm-16529
recordtype eprints
spelling uitm-165292020-03-11T06:01:08Z http://ir.uitm.edu.my/id/eprint/16529/ The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed Sharif, Dziauddin Shaharuddin, Amir Muhamed, Nurul Aini According to the Islamic jurisprudence, al-rahn is pledging a non-fungible property as surety against debt whereby the debt shall be paid from the pledged item in case of default. However, Muslim jurists differed in determining the nature of al-rahnu contract. The Hanafi, Shafi`i and Hanbali jurists viewed al-rahn as a charitable contract while the Maliki jurists considered it as a form of an exchange contract. These differences originated from their different interpretation of the verse 2: 283 in the Qur'an. Using the taxonomical classification approach by Rosch (1976), this paper examines the pattern of reasoning adopted by the jurists of the main schools of Islamic jurisprudence. Rosch's model is chosen as it can assist the researcher to categorize the aspects of discussion between the al-rahn nature, conditions and rulings. While the model consists of superordinate and subordinate relationships, the paper enhances the conceptual framework of al-rahn into the discussion of conditions and rulings. Thus, the harmonized effort of taxonomical classification is developed to discuss the related rulings resulted from the position of al-rahn as a form of charity or exchange contract. The study shows that Maliki and Shafi`i are seen to be the most consistent schools in holding their stance about al-rahn nature. The consistency can be identified through the examination of al-rahn rulings that matched with their original position. It is also found that the rulings of Maliki jurists are more lenient in stipulating conditions in the contract while Shafi`i stood otherwise. Academy of Contemporary Islamic Studies 2016 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/16529/2/AJ_DZIAUDDIN%20SHARIF%20JCIS%2016.pdf Sharif, Dziauddin and Shaharuddin, Amir and Muhamed, Nurul Aini (2016) The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed. Journal of Contemporary Islamic Studies, 2 (1). pp. 1-18. ISSN 2289-9634 https://jcis.uitm.edu.my/
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language English
description According to the Islamic jurisprudence, al-rahn is pledging a non-fungible property as surety against debt whereby the debt shall be paid from the pledged item in case of default. However, Muslim jurists differed in determining the nature of al-rahnu contract. The Hanafi, Shafi`i and Hanbali jurists viewed al-rahn as a charitable contract while the Maliki jurists considered it as a form of an exchange contract. These differences originated from their different interpretation of the verse 2: 283 in the Qur'an. Using the taxonomical classification approach by Rosch (1976), this paper examines the pattern of reasoning adopted by the jurists of the main schools of Islamic jurisprudence. Rosch's model is chosen as it can assist the researcher to categorize the aspects of discussion between the al-rahn nature, conditions and rulings. While the model consists of superordinate and subordinate relationships, the paper enhances the conceptual framework of al-rahn into the discussion of conditions and rulings. Thus, the harmonized effort of taxonomical classification is developed to discuss the related rulings resulted from the position of al-rahn as a form of charity or exchange contract. The study shows that Maliki and Shafi`i are seen to be the most consistent schools in holding their stance about al-rahn nature. The consistency can be identified through the examination of al-rahn rulings that matched with their original position. It is also found that the rulings of Maliki jurists are more lenient in stipulating conditions in the contract while Shafi`i stood otherwise.
format Article
author Sharif, Dziauddin
Shaharuddin, Amir
Muhamed, Nurul Aini
spellingShingle Sharif, Dziauddin
Shaharuddin, Amir
Muhamed, Nurul Aini
The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
author_facet Sharif, Dziauddin
Shaharuddin, Amir
Muhamed, Nurul Aini
author_sort Sharif, Dziauddin
title The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
title_short The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
title_full The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
title_fullStr The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
title_full_unstemmed The reasoning pattern of Islamic jurists' views on al-Rahn (Islamic Pawn Broking) contract and its ruling / Dziauddin Sharif , Amir Shaharuddin and Nurul Aini Muhamed
title_sort reasoning pattern of islamic jurists' views on al-rahn (islamic pawn broking) contract and its ruling / dziauddin sharif , amir shaharuddin and nurul aini muhamed
publisher Academy of Contemporary Islamic Studies
publishDate 2016
url http://ir.uitm.edu.my/id/eprint/16529/
http://ir.uitm.edu.my/id/eprint/16529/
http://ir.uitm.edu.my/id/eprint/16529/2/AJ_DZIAUDDIN%20SHARIF%20JCIS%2016.pdf
first_indexed 2023-09-18T22:56:16Z
last_indexed 2023-09-18T22:56:16Z
_version_ 1777417874937217024

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