Rekonstruksi Akad Rahn pada Produk Pembiayaan Gadai di Lembaga Keuangan Syariah

Abstrak

The development of the hybrid contract concept (multiakad) represents a form of contractual transformation in Islamic financial institution products to meet the increasingly complex transactional needs of modern society. Single-contract models are considered insufficient to accommodate contemporary financial practices; therefore, the combination of several contracts has become an alternative approach in the development of Islamic financial products and services. One implementation of this concept can be found in the rahn (Islamic pawnshop) product offered by Islamic pawnshops, which is widely utilized by the public as a means of obtaining quick financing while adhering to Sharia principles. This study aims to analyze the contractual structure applied in rahn products and assess its conformity with the principles of Islamic economic law. This research employs a qualitative approach using a descriptive-analytical method. Data were collected through interviews with relevant parties and documentation studies of rahn transaction agreements implemented in Islamic pawnshops. The data were analyzed using the perspective of fiqh muamalah to examine the contractual structure, the legal relationships between the parties, and the Sharia implications arising from the combination of multiple contracts within a single transaction. The findings indicate that the practice of rahn in Islamic pawnshops does not consist of a single contract but rather combines qard (loan), rahn (collateral), and ijarah (service fee for storage) contracts. The combination of these contracts has generated scholarly debate because the qard contract, which is fundamentally charitable (tabarru') in nature, is accompanied by an obligation to pay compensation through an ijarah contract. This arrangement potentially contradicts the legal maxim kullu qardin jarra naf'an fahuwa riba (every loan that generates a benefit is usury). Therefore, a more comprehensive contractual reconstruction is required to ensure that the implementation of hybrid contracts in rahn products remains consistent with the principles of justice, transparency, public benefit (maslahah), and freedom from riba, in accordance with the objectives of Islamic economic law.