SlideShare une entreprise Scribd logo
1  sur  17
AL-RAHNU
1
CONTENT
• DEFINITION
• EVIDENCE
• PILLARS OF AL-RAHN
• BENEFITS OF RAHN
• CONDITIONS OF RAHN
• APPLICATION OF AL-RAHN
2
DEFINITION
• Literally
– Constancy and continuity, or holding and binding.
• Technically
– Taking a property as a security against a debt, whereby the
secured property can be utilized to repay the debt in the case of
non payment.
• Also termed as pawning, mortgage, collateral, charge, lien
and pledge.
• Rahn literally means to detain a thing. Legally, it is the
detention of a corporeal property on account of a claim
such as a debt which may be satisfied out of that property.
3
NATURE OF AL-RAHN
• Al-rahn in Arabic means al-tsubut wa al-dawam (fixed and eternal).
• Rahn is classified as a it does not require any financial obligation on the
part of murtahin (creditor) when the rahin (debtor) gives him the pawned
object.
• The purpose of rahn is to convince the creditor that the debt will not
simply disappear or vanish in case of default payment on part of the
debtor
• This is because, in case of non-payment, the pledged property will be sold
or auctioned and the proceeds will be taken by the creditor to
compensate for the losses as a result of the bad debt
• However the creditor is only entitled to the total amount owed to him by
the debtor and the balance will be returned back to the owner of the
pledged property ( the debtor)
4
EVIDENCE
• Quran
– The Quran refers to the idea of pawning as ‘mortgage with possession’
(rihanun maqbudha). Quran also supports the idea of furnishing a pledge
against a debt.
– According to Quran verses, every soul is in pledge or rahina for its deeds.
{Quran, 74:38}
5
EVIDENCE
• Hadith
– The issue of mortgage is not only an issue for “modern society”. In
Islam, the history of mortgage has been being since the time of
Prophet Muhammad.
– From Aisha that Allah's Apostle bought some foodstuff from a Jew and
mortgaged his armor to him.”
– From Anas that Allah’s Apostle mortgaged his armor to a Jew in
Madinah and bought barley bread from the Jew for his family.”
– and in the saying of the Prophet, “the soul of a believer is marhuna or
pledged for the debt until it is paid off”.
• Ijma
– Muslim jurist unanimously agreed on the legitimacy of the rahn
contract
6
PILLARS OF RAHN
1. Rahin
– Pledgor – a person who gives rahn/ the debtor
2. Murtahin
– Pledgee – a person who takes rahn/ the creditor
3. Marhun
– Pledged asset – a property to be pledged
4. Marhun Bih
– The liability of rahn/ the debt
5. Sighah
– Ijab (Offer)
– Qabul (Acceptance)
7
FLOWS OF A-RAHN
8
Marhoun
(Pledged Asset)
Murtahin
(Pledgee/ Creditor)
Rahin
(Pledgor/ Debtor)
Marhoun Bih
(Liability of Rahn/Debt)
Deliver debt
Financing contract
Debt + Mark Up
Custody/ Pledged
THE USE OF PLEDGE BY THE PLEDGEE
• The pledge is considered a trust in the hands of the pledgee. He is
responsible for its safety and preservation. However, he is liable if the
pledged property is damaged or destroyed as a result of his negligence.
• Pledge is intended to be a security for the payment of debt. It is not
meant for investment and profitable use. As such a pledgee is not allowed
to exploit or use the pledged property even with the permission of the
pledger.
• Exploitation of the pledged property is prohibited based on the principle
that “all loans that generate profit are usurious”.
• Thus, exploitation and profitable use of the pledge is considered usury.
• However, if the pledge is an animal that can be used for riding or milk, the
pledgee may make use of it in return for its maintenance.
9
BENEFITS OF AL-RAHN
• Al-rahn - very useful contract; multi purpose tool that is beneficial and
advantageous to both parties especially to the creditor
• Creditor
– Compared to the contract of kafalah, documentation of debt or providing
witnesses, all these measures can never match security that Rahn provide for
benefit of creditor
– Rahn is form of authentication of debt, which is under the custody of the
creditor in return for his right claiming back his money from the debtor
– In case of default payment, the creditor could secure the loan repayment
can retrieve back his money by selling off the pledged property with the
consent from either the court or the debtor himself
– The creditor can also be assured that the debtor will not forget or take for
granted to settle the loan since his valuable assets are still under the custody
of the creditor/pledge.
10
BENEFITS OF AL-RAHN
• Debtor
– Could get some fast cash by temporarily pledging his
valuable items to the creditor
– Can convince the pledgee/creditor to lend him the
money since he has something to offer in return as a
guarantee of payment.
11
CONDITIONS OF AL-RAHN
• Condition related to sighah
– Sighah of rahn should not be suspended by a condition or deferred to a future date.
• Condition related the contracting parties
– According to Shafie and Hanbali, both contracting parties must have a legal
qualification (ahliyyah) as rahn regarded as non-obligatory voluntary action.
– According to Hanafi and Maliki, rahn from discerning child and a mentally
incompetent person is valid upon the approval of his wali
• Condition related to the pawned object
– Being a valued property, a permissible item, exist in time of contract and able to be
deliver
– Being precisely determined with regards to its essence, quantity and value and a non-
fungible property and not usufruct
– Being a sufficient value to cover the debt amount and in the possession of the
creditor
– Being pawned together if the object is naturally connected. Eg: tree with the fruits.
12
CONDITIONS OF AL-RAHN
• Condition related to the debt/ liability
– The underlying debt must be an established, binding and enforceable one, either
through a loan, sale, or damages in the torts against a property.
– The underlying debt must be known and defined to both contracting parties; if one of
the parties are uncertain of the debt, the pawning is considered invalid.
– The underlying debt must be matured/binding or a about to be matured. Rahn is valid
if the debt is based on the price of a binding sale or during option period prior to its
bindingness as the sale contract is going to be binding after the option expires
– Shafie and Hanbali allows liability that based on usufruct in Rahn while Hanafi and
Maliki prohibit its.
• Condition related to the receipt/ possession of pawned object
– Permission of the debtor
– Eligibility of the contracting parties
– Permanency of possession
13
COMPARISONAL-RAHN PRINCIPLES CONVENTIONAL PAWNING
• Institution based eg: banks, co-
operatives, YAPEIM, state
government agencies etc
OPERATOR • Sole proprietor based
• Individual based
• Monthly safekeping charges
• No interest charges
• Cheaper
CHARGES • Interest is charged
• More expensive rate
• Takaful coverage INSURANCE • Not covered
• If the pedged items are lost, only
a 25% compensation is offered
• Only pure gold accepted
• Ornamented gemstones on gold
items will not be valued
• Gold plated items are not acceptable
• Pound gold and white gold
(platinum) not accepted
ITEMS • Any valuable items
14
COMPARISONAL-RAHN PRINCIPLES CONVENTIONAL PAWNING
• Must provide proof of ownership
either through the letter of purchase/
receipt or letter of undertaking
• If it belongs to someone else, a letter
of consent/ approval from the owner
is required
OWNERSHIP • Not required to provide proof of
ownership
• Up to 60%-70% of the value of
pawned gold
• Valuation based on the current
market value
PAWNING
VALUE
• Valuation is much lower than
the market value
• Average 30.5%
• Pledged items will be auction publicly
• Transparent and notice will be sent
DEFAULT • Not transparent
• The balance after the auction wil, be
returned back by the company to the
pledgor
BALANCE
AFTER
AUCTION
• The balance after the auction
will not be retuned back by the
company to the pledgor
15
MODERN APPLICATION
• Rahn in the contemporary application may take
either a form papers such as:
– Property documents
– Vehicle papers
– Sukuk
– Shared
• Or object like ornaments, jewelries and other
valuables.
16
17
END OF CHAPTER

Contenu connexe

Tendances (20)

WADI'AH
WADI'AHWADI'AH
WADI'AH
 
Al bay’ bithaman ajil
Al bay’ bithaman ajilAl bay’ bithaman ajil
Al bay’ bithaman ajil
 
application of fund (al-mudarabah)
application of fund (al-mudarabah)application of fund (al-mudarabah)
application of fund (al-mudarabah)
 
Topic 3 istisna
Topic 3 istisnaTopic 3 istisna
Topic 3 istisna
 
MUDHARABAH
MUDHARABAHMUDHARABAH
MUDHARABAH
 
Bay al dayn
Bay al daynBay al dayn
Bay al dayn
 
Bay al inah and tawarruq
Bay al inah and tawarruqBay al inah and tawarruq
Bay al inah and tawarruq
 
al-ijarah thumma al-bay (AITAB)
al-ijarah thumma al-bay (AITAB)al-ijarah thumma al-bay (AITAB)
al-ijarah thumma al-bay (AITAB)
 
AL-RAHN
AL-RAHNAL-RAHN
AL-RAHN
 
ISB540 - RIBA
ISB540 - RIBAISB540 - RIBA
ISB540 - RIBA
 
Application of bay al dayn
Application of bay al dayn Application of bay al dayn
Application of bay al dayn
 
AL-KAFALAH
AL-KAFALAHAL-KAFALAH
AL-KAFALAH
 
ISB540 - Chapter 9
ISB540 - Chapter 9ISB540 - Chapter 9
ISB540 - Chapter 9
 
AL-WAKALAH
AL-WAKALAHAL-WAKALAH
AL-WAKALAH
 
Conrtact of wadiah
Conrtact of wadiahConrtact of wadiah
Conrtact of wadiah
 
Principle of Yaqeen
Principle of YaqeenPrinciple of Yaqeen
Principle of Yaqeen
 
Asset Backed v Asset Based Sukuk
Asset Backed v Asset Based Sukuk Asset Backed v Asset Based Sukuk
Asset Backed v Asset Based Sukuk
 
Chapter six
Chapter sixChapter six
Chapter six
 
AL-IJARAH
AL-IJARAHAL-IJARAH
AL-IJARAH
 
Chapter 6 Sadaqah, Waqf and Hibah Planning
Chapter 6 Sadaqah, Waqf and Hibah PlanningChapter 6 Sadaqah, Waqf and Hibah Planning
Chapter 6 Sadaqah, Waqf and Hibah Planning
 

En vedette

Gadaian Islam (Ar Rahn)
Gadaian Islam (Ar Rahn)Gadaian Islam (Ar Rahn)
Gadaian Islam (Ar Rahn)azurahushien
 
Report of Ar-Rahnu in AGROBANK
Report of  Ar-Rahnu in AGROBANKReport of  Ar-Rahnu in AGROBANK
Report of Ar-Rahnu in AGROBANKgulatapung
 
Ar-Rahnu Pajak Gadai Islam
Ar-Rahnu Pajak Gadai IslamAr-Rahnu Pajak Gadai Islam
Ar-Rahnu Pajak Gadai Islamhafizsafiai
 
Gadaian dan syarikat
Gadaian dan syarikatGadaian dan syarikat
Gadaian dan syarikatNUR
 
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...An Nisbah
 
Tinjauan syariah tentang pegadaian syariah (rahn)
Tinjauan syariah tentang pegadaian syariah (rahn)Tinjauan syariah tentang pegadaian syariah (rahn)
Tinjauan syariah tentang pegadaian syariah (rahn)An Nisbah
 
Kel.11 qardhul hasan
Kel.11 qardhul hasanKel.11 qardhul hasan
Kel.11 qardhul hasanMulyanah
 
4.1 ar rahn (konsep 1)
4.1 ar rahn (konsep 1)4.1 ar rahn (konsep 1)
4.1 ar rahn (konsep 1)shahirah44
 
pen. islam tingkatan 4,Gadaian dan syarikat
pen. islam tingkatan 4,Gadaian dan syarikatpen. islam tingkatan 4,Gadaian dan syarikat
pen. islam tingkatan 4,Gadaian dan syarikatAzrie Aj
 

En vedette (20)

Gadaian Islam (Ar Rahn)
Gadaian Islam (Ar Rahn)Gadaian Islam (Ar Rahn)
Gadaian Islam (Ar Rahn)
 
Ar rahn (gadai)
Ar rahn (gadai)Ar rahn (gadai)
Ar rahn (gadai)
 
Al Rahnu
Al Rahnu Al Rahnu
Al Rahnu
 
Report of Ar-Rahnu in AGROBANK
Report of  Ar-Rahnu in AGROBANKReport of  Ar-Rahnu in AGROBANK
Report of Ar-Rahnu in AGROBANK
 
Rahn (Gadai Syariah)
Rahn (Gadai Syariah)Rahn (Gadai Syariah)
Rahn (Gadai Syariah)
 
Gadaian (Al-Rahn)
Gadaian (Al-Rahn)Gadaian (Al-Rahn)
Gadaian (Al-Rahn)
 
Ar-Rahnu Pajak Gadai Islam
Ar-Rahnu Pajak Gadai IslamAr-Rahnu Pajak Gadai Islam
Ar-Rahnu Pajak Gadai Islam
 
Pegadaian syari’ah
Pegadaian syari’ahPegadaian syari’ah
Pegadaian syari’ah
 
Pegadaian syariah ppt
Pegadaian syariah pptPegadaian syariah ppt
Pegadaian syariah ppt
 
Gadaian dan syarikat
Gadaian dan syarikatGadaian dan syarikat
Gadaian dan syarikat
 
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...
Analisis fatwa dewan syariah nasional nomor 92 dsn mui 2014 tentang pembiayaa...
 
Pawning - Rahn
Pawning - RahnPawning - Rahn
Pawning - Rahn
 
Tinjauan syariah tentang pegadaian syariah (rahn)
Tinjauan syariah tentang pegadaian syariah (rahn)Tinjauan syariah tentang pegadaian syariah (rahn)
Tinjauan syariah tentang pegadaian syariah (rahn)
 
Bailment & pledge
Bailment & pledgeBailment & pledge
Bailment & pledge
 
Bab 13 pegadaian (BLK)
Bab 13 pegadaian (BLK)Bab 13 pegadaian (BLK)
Bab 13 pegadaian (BLK)
 
Kel.11 qardhul hasan
Kel.11 qardhul hasanKel.11 qardhul hasan
Kel.11 qardhul hasan
 
Pegadaian
PegadaianPegadaian
Pegadaian
 
4.1 ar rahn (konsep 1)
4.1 ar rahn (konsep 1)4.1 ar rahn (konsep 1)
4.1 ar rahn (konsep 1)
 
pen. islam tingkatan 4,Gadaian dan syarikat
pen. islam tingkatan 4,Gadaian dan syarikatpen. islam tingkatan 4,Gadaian dan syarikat
pen. islam tingkatan 4,Gadaian dan syarikat
 
Hutang (Muamalat)
Hutang (Muamalat)Hutang (Muamalat)
Hutang (Muamalat)
 

Similaire à Topic 6 ar-rahnu

Contract of Wadiah and its Application in Islamic Banking
Contract of Wadiah and its Application in Islamic BankingContract of Wadiah and its Application in Islamic Banking
Contract of Wadiah and its Application in Islamic BankingNabil Bello
 
Unit 1 (loan in islam)
Unit 1 (loan in islam)Unit 1 (loan in islam)
Unit 1 (loan in islam)Asad Hameed
 
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)surrenderyourthrone
 
Islamic banking and finance presentation
Islamic banking and finance presentationIslamic banking and finance presentation
Islamic banking and finance presentationFatima Faruqi
 
Llb sc u 1.3 bailment-pledge
Llb sc u 1.3 bailment-pledgeLlb sc u 1.3 bailment-pledge
Llb sc u 1.3 bailment-pledgeRai University
 
Banker and customer relationships
Banker and customer relationshipsBanker and customer relationships
Banker and customer relationshipsAbhinandan Ray
 
Gifts under the transfer of property act.
Gifts under the transfer of property act.Gifts under the transfer of property act.
Gifts under the transfer of property act.Muskan Sanghi
 
Special Contracts as per Contract Act.pptx
Special Contracts as per Contract Act.pptxSpecial Contracts as per Contract Act.pptx
Special Contracts as per Contract Act.pptxRohitDutta45
 
Unit 3 (gharar and qimar)
Unit 3 (gharar and qimar)Unit 3 (gharar and qimar)
Unit 3 (gharar and qimar)Asad Hameed
 

Similaire à Topic 6 ar-rahnu (20)

Contract of Wadiah and its Application in Islamic Banking
Contract of Wadiah and its Application in Islamic BankingContract of Wadiah and its Application in Islamic Banking
Contract of Wadiah and its Application in Islamic Banking
 
Ijarah
IjarahIjarah
Ijarah
 
Unit 1 (loan in islam)
Unit 1 (loan in islam)Unit 1 (loan in islam)
Unit 1 (loan in islam)
 
ISB540 - Chapter 6
ISB540 - Chapter 6ISB540 - Chapter 6
ISB540 - Chapter 6
 
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)
Islamic Banking and Takaful (IBT) - Wadiah (cheatsheet)
 
Islamic banking and finance presentation
Islamic banking and finance presentationIslamic banking and finance presentation
Islamic banking and finance presentation
 
Loan and advances
Loan and advancesLoan and advances
Loan and advances
 
Contract of hawalah
Contract of hawalahContract of hawalah
Contract of hawalah
 
Llb sc u 1.3 bailment-pledge
Llb sc u 1.3 bailment-pledgeLlb sc u 1.3 bailment-pledge
Llb sc u 1.3 bailment-pledge
 
Banker and customer relationships
Banker and customer relationshipsBanker and customer relationships
Banker and customer relationships
 
Presentation ijarah & dm
Presentation ijarah & dmPresentation ijarah & dm
Presentation ijarah & dm
 
Gifts under the transfer of property act.
Gifts under the transfer of property act.Gifts under the transfer of property act.
Gifts under the transfer of property act.
 
Sukuk al salam
Sukuk al salamSukuk al salam
Sukuk al salam
 
Ijarah mbl
Ijarah mblIjarah mbl
Ijarah mbl
 
Special Contracts as per Contract Act.pptx
Special Contracts as per Contract Act.pptxSpecial Contracts as per Contract Act.pptx
Special Contracts as per Contract Act.pptx
 
Presentation for hmb & ibd staff (jan 2015)
Presentation for hmb & ibd staff (jan 2015)Presentation for hmb & ibd staff (jan 2015)
Presentation for hmb & ibd staff (jan 2015)
 
Presentation ijarah & dm
Presentation ijarah & dmPresentation ijarah & dm
Presentation ijarah & dm
 
Borrowings against property
Borrowings against propertyBorrowings against property
Borrowings against property
 
Unit 3 (gharar and qimar)
Unit 3 (gharar and qimar)Unit 3 (gharar and qimar)
Unit 3 (gharar and qimar)
 
bay al inah
 bay al inah bay al inah
bay al inah
 

Plus de NATASHYA AYUNIE

INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM)
INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM) INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM)
INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM) NATASHYA AYUNIE
 
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRE
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTREMALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRE
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRENATASHYA AYUNIE
 
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKET
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKETTITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKET
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKETNATASHYA AYUNIE
 
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM  DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM NATASHYA AYUNIE
 
MACROECONOMIC (roles of government)
MACROECONOMIC (roles of government)MACROECONOMIC (roles of government)
MACROECONOMIC (roles of government)NATASHYA AYUNIE
 
The role and social responsibilities entrepeneur towards
The role and social responsibilities entrepeneur towardsThe role and social responsibilities entrepeneur towards
The role and social responsibilities entrepeneur towardsNATASHYA AYUNIE
 
Factors in selecting a business ownership
Factors in selecting a business ownership Factors in selecting a business ownership
Factors in selecting a business ownership NATASHYA AYUNIE
 
Competencies of successful entrepreneurs
Competencies of successful entrepreneursCompetencies of successful entrepreneurs
Competencies of successful entrepreneursNATASHYA AYUNIE
 
Financial System In Malaysia
Financial System In MalaysiaFinancial System In Malaysia
Financial System In MalaysiaNATASHYA AYUNIE
 
FOUNDATION OF ISLAMIC BANKING
FOUNDATION OF ISLAMIC BANKING FOUNDATION OF ISLAMIC BANKING
FOUNDATION OF ISLAMIC BANKING NATASHYA AYUNIE
 
Imam Syafie dan Imam Hanbali
Imam Syafie dan Imam HanbaliImam Syafie dan Imam Hanbali
Imam Syafie dan Imam HanbaliNATASHYA AYUNIE
 

Plus de NATASHYA AYUNIE (20)

5 Legal Maxim
5 Legal Maxim5 Legal Maxim
5 Legal Maxim
 
INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM)
INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM) INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM)
INTERNATIONAL ISLAMIC FINANCIAL MARKET (IIFM)
 
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRE
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTREMALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRE
MALAYSIA INTERNATIONAL ISLAMIC FINANCIAL CENTRE
 
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKET
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKETTITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKET
TITLE : REGULATION AND SUPERVISION OF ISLAMIC CAPITAL MARKET
 
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM  DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM
DIFFERENCES BETWEEN ISLAMIC BANKING SYSTEM AND CONVENTIONAL SYSTEM
 
Bai Al- Tawarruq
Bai Al- TawarruqBai Al- Tawarruq
Bai Al- Tawarruq
 
Zakat fitrah
Zakat fitrahZakat fitrah
Zakat fitrah
 
MACROECONOMIC (roles of government)
MACROECONOMIC (roles of government)MACROECONOMIC (roles of government)
MACROECONOMIC (roles of government)
 
The role and social responsibilities entrepeneur towards
The role and social responsibilities entrepeneur towardsThe role and social responsibilities entrepeneur towards
The role and social responsibilities entrepeneur towards
 
Factors in selecting a business ownership
Factors in selecting a business ownership Factors in selecting a business ownership
Factors in selecting a business ownership
 
Competencies of successful entrepreneurs
Competencies of successful entrepreneursCompetencies of successful entrepreneurs
Competencies of successful entrepreneurs
 
Financial System In Malaysia
Financial System In MalaysiaFinancial System In Malaysia
Financial System In Malaysia
 
zakat mal Slideshare
zakat mal Slideshare zakat mal Slideshare
zakat mal Slideshare
 
what is Reits
what is Reitswhat is Reits
what is Reits
 
Overview Of Muamalat
Overview Of MuamalatOverview Of Muamalat
Overview Of Muamalat
 
FOUNDATION OF ISLAMIC BANKING
FOUNDATION OF ISLAMIC BANKING FOUNDATION OF ISLAMIC BANKING
FOUNDATION OF ISLAMIC BANKING
 
Topic 5 mudharabah
Topic 5 mudharabahTopic 5 mudharabah
Topic 5 mudharabah
 
BA'I AL MURABAHAH
BA'I AL MURABAHAHBA'I AL MURABAHAH
BA'I AL MURABAHAH
 
istisna 2
istisna 2istisna 2
istisna 2
 
Imam Syafie dan Imam Hanbali
Imam Syafie dan Imam HanbaliImam Syafie dan Imam Hanbali
Imam Syafie dan Imam Hanbali
 

Dernier

Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxVishalSingh1417
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityGeoBlogs
 
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...PsychoTech Services
 
APM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAPM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAssociation for Project Management
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDThiyagu K
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104misteraugie
 
Sanyam Choudhary Chemistry practical.pdf
Sanyam Choudhary Chemistry practical.pdfSanyam Choudhary Chemistry practical.pdf
Sanyam Choudhary Chemistry practical.pdfsanyamsingh5019
 
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in DelhiRussian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhikauryashika82
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...EduSkills OECD
 
Z Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphZ Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphThiyagu K
 
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Krashi Coaching
 
Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Celine George
 
9548086042 for call girls in Indira Nagar with room service
9548086042  for call girls in Indira Nagar  with room service9548086042  for call girls in Indira Nagar  with room service
9548086042 for call girls in Indira Nagar with room servicediscovermytutordmt
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxiammrhaywood
 
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi  6.pdf1029-Danh muc Sach Giao Khoa khoi  6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdfQucHHunhnh
 
Beyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactBeyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactPECB
 
Measures of Central Tendency: Mean, Median and Mode
Measures of Central Tendency: Mean, Median and ModeMeasures of Central Tendency: Mean, Median and Mode
Measures of Central Tendency: Mean, Median and ModeThiyagu K
 
Arihant handbook biology for class 11 .pdf
Arihant handbook biology for class 11 .pdfArihant handbook biology for class 11 .pdf
Arihant handbook biology for class 11 .pdfchloefrazer622
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationnomboosow
 
Class 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfClass 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfAyushMahapatra5
 

Dernier (20)

Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptx
 
Paris 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activityParis 2024 Olympic Geographies - an activity
Paris 2024 Olympic Geographies - an activity
 
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...
IGNOU MSCCFT and PGDCFT Exam Question Pattern: MCFT003 Counselling and Family...
 
APM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across SectorsAPM Welcome, APM North West Network Conference, Synergies Across Sectors
APM Welcome, APM North West Network Conference, Synergies Across Sectors
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SD
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104
 
Sanyam Choudhary Chemistry practical.pdf
Sanyam Choudhary Chemistry practical.pdfSanyam Choudhary Chemistry practical.pdf
Sanyam Choudhary Chemistry practical.pdf
 
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in DelhiRussian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
 
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
Presentation by Andreas Schleicher Tackling the School Absenteeism Crisis 30 ...
 
Z Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot GraphZ Score,T Score, Percential Rank and Box Plot Graph
Z Score,T Score, Percential Rank and Box Plot Graph
 
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
Kisan Call Centre - To harness potential of ICT in Agriculture by answer farm...
 
Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17Advanced Views - Calendar View in Odoo 17
Advanced Views - Calendar View in Odoo 17
 
9548086042 for call girls in Indira Nagar with room service
9548086042  for call girls in Indira Nagar  with room service9548086042  for call girls in Indira Nagar  with room service
9548086042 for call girls in Indira Nagar with room service
 
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptxSOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
SOCIAL AND HISTORICAL CONTEXT - LFTVD.pptx
 
1029-Danh muc Sach Giao Khoa khoi 6.pdf
1029-Danh muc Sach Giao Khoa khoi  6.pdf1029-Danh muc Sach Giao Khoa khoi  6.pdf
1029-Danh muc Sach Giao Khoa khoi 6.pdf
 
Beyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global ImpactBeyond the EU: DORA and NIS 2 Directive's Global Impact
Beyond the EU: DORA and NIS 2 Directive's Global Impact
 
Measures of Central Tendency: Mean, Median and Mode
Measures of Central Tendency: Mean, Median and ModeMeasures of Central Tendency: Mean, Median and Mode
Measures of Central Tendency: Mean, Median and Mode
 
Arihant handbook biology for class 11 .pdf
Arihant handbook biology for class 11 .pdfArihant handbook biology for class 11 .pdf
Arihant handbook biology for class 11 .pdf
 
Interactive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communicationInteractive Powerpoint_How to Master effective communication
Interactive Powerpoint_How to Master effective communication
 
Class 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfClass 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdf
 

Topic 6 ar-rahnu

  • 2. CONTENT • DEFINITION • EVIDENCE • PILLARS OF AL-RAHN • BENEFITS OF RAHN • CONDITIONS OF RAHN • APPLICATION OF AL-RAHN 2
  • 3. DEFINITION • Literally – Constancy and continuity, or holding and binding. • Technically – Taking a property as a security against a debt, whereby the secured property can be utilized to repay the debt in the case of non payment. • Also termed as pawning, mortgage, collateral, charge, lien and pledge. • Rahn literally means to detain a thing. Legally, it is the detention of a corporeal property on account of a claim such as a debt which may be satisfied out of that property. 3
  • 4. NATURE OF AL-RAHN • Al-rahn in Arabic means al-tsubut wa al-dawam (fixed and eternal). • Rahn is classified as a it does not require any financial obligation on the part of murtahin (creditor) when the rahin (debtor) gives him the pawned object. • The purpose of rahn is to convince the creditor that the debt will not simply disappear or vanish in case of default payment on part of the debtor • This is because, in case of non-payment, the pledged property will be sold or auctioned and the proceeds will be taken by the creditor to compensate for the losses as a result of the bad debt • However the creditor is only entitled to the total amount owed to him by the debtor and the balance will be returned back to the owner of the pledged property ( the debtor) 4
  • 5. EVIDENCE • Quran – The Quran refers to the idea of pawning as ‘mortgage with possession’ (rihanun maqbudha). Quran also supports the idea of furnishing a pledge against a debt. – According to Quran verses, every soul is in pledge or rahina for its deeds. {Quran, 74:38} 5
  • 6. EVIDENCE • Hadith – The issue of mortgage is not only an issue for “modern society”. In Islam, the history of mortgage has been being since the time of Prophet Muhammad. – From Aisha that Allah's Apostle bought some foodstuff from a Jew and mortgaged his armor to him.” – From Anas that Allah’s Apostle mortgaged his armor to a Jew in Madinah and bought barley bread from the Jew for his family.” – and in the saying of the Prophet, “the soul of a believer is marhuna or pledged for the debt until it is paid off”. • Ijma – Muslim jurist unanimously agreed on the legitimacy of the rahn contract 6
  • 7. PILLARS OF RAHN 1. Rahin – Pledgor – a person who gives rahn/ the debtor 2. Murtahin – Pledgee – a person who takes rahn/ the creditor 3. Marhun – Pledged asset – a property to be pledged 4. Marhun Bih – The liability of rahn/ the debt 5. Sighah – Ijab (Offer) – Qabul (Acceptance) 7
  • 8. FLOWS OF A-RAHN 8 Marhoun (Pledged Asset) Murtahin (Pledgee/ Creditor) Rahin (Pledgor/ Debtor) Marhoun Bih (Liability of Rahn/Debt) Deliver debt Financing contract Debt + Mark Up Custody/ Pledged
  • 9. THE USE OF PLEDGE BY THE PLEDGEE • The pledge is considered a trust in the hands of the pledgee. He is responsible for its safety and preservation. However, he is liable if the pledged property is damaged or destroyed as a result of his negligence. • Pledge is intended to be a security for the payment of debt. It is not meant for investment and profitable use. As such a pledgee is not allowed to exploit or use the pledged property even with the permission of the pledger. • Exploitation of the pledged property is prohibited based on the principle that “all loans that generate profit are usurious”. • Thus, exploitation and profitable use of the pledge is considered usury. • However, if the pledge is an animal that can be used for riding or milk, the pledgee may make use of it in return for its maintenance. 9
  • 10. BENEFITS OF AL-RAHN • Al-rahn - very useful contract; multi purpose tool that is beneficial and advantageous to both parties especially to the creditor • Creditor – Compared to the contract of kafalah, documentation of debt or providing witnesses, all these measures can never match security that Rahn provide for benefit of creditor – Rahn is form of authentication of debt, which is under the custody of the creditor in return for his right claiming back his money from the debtor – In case of default payment, the creditor could secure the loan repayment can retrieve back his money by selling off the pledged property with the consent from either the court or the debtor himself – The creditor can also be assured that the debtor will not forget or take for granted to settle the loan since his valuable assets are still under the custody of the creditor/pledge. 10
  • 11. BENEFITS OF AL-RAHN • Debtor – Could get some fast cash by temporarily pledging his valuable items to the creditor – Can convince the pledgee/creditor to lend him the money since he has something to offer in return as a guarantee of payment. 11
  • 12. CONDITIONS OF AL-RAHN • Condition related to sighah – Sighah of rahn should not be suspended by a condition or deferred to a future date. • Condition related the contracting parties – According to Shafie and Hanbali, both contracting parties must have a legal qualification (ahliyyah) as rahn regarded as non-obligatory voluntary action. – According to Hanafi and Maliki, rahn from discerning child and a mentally incompetent person is valid upon the approval of his wali • Condition related to the pawned object – Being a valued property, a permissible item, exist in time of contract and able to be deliver – Being precisely determined with regards to its essence, quantity and value and a non- fungible property and not usufruct – Being a sufficient value to cover the debt amount and in the possession of the creditor – Being pawned together if the object is naturally connected. Eg: tree with the fruits. 12
  • 13. CONDITIONS OF AL-RAHN • Condition related to the debt/ liability – The underlying debt must be an established, binding and enforceable one, either through a loan, sale, or damages in the torts against a property. – The underlying debt must be known and defined to both contracting parties; if one of the parties are uncertain of the debt, the pawning is considered invalid. – The underlying debt must be matured/binding or a about to be matured. Rahn is valid if the debt is based on the price of a binding sale or during option period prior to its bindingness as the sale contract is going to be binding after the option expires – Shafie and Hanbali allows liability that based on usufruct in Rahn while Hanafi and Maliki prohibit its. • Condition related to the receipt/ possession of pawned object – Permission of the debtor – Eligibility of the contracting parties – Permanency of possession 13
  • 14. COMPARISONAL-RAHN PRINCIPLES CONVENTIONAL PAWNING • Institution based eg: banks, co- operatives, YAPEIM, state government agencies etc OPERATOR • Sole proprietor based • Individual based • Monthly safekeping charges • No interest charges • Cheaper CHARGES • Interest is charged • More expensive rate • Takaful coverage INSURANCE • Not covered • If the pedged items are lost, only a 25% compensation is offered • Only pure gold accepted • Ornamented gemstones on gold items will not be valued • Gold plated items are not acceptable • Pound gold and white gold (platinum) not accepted ITEMS • Any valuable items 14
  • 15. COMPARISONAL-RAHN PRINCIPLES CONVENTIONAL PAWNING • Must provide proof of ownership either through the letter of purchase/ receipt or letter of undertaking • If it belongs to someone else, a letter of consent/ approval from the owner is required OWNERSHIP • Not required to provide proof of ownership • Up to 60%-70% of the value of pawned gold • Valuation based on the current market value PAWNING VALUE • Valuation is much lower than the market value • Average 30.5% • Pledged items will be auction publicly • Transparent and notice will be sent DEFAULT • Not transparent • The balance after the auction wil, be returned back by the company to the pledgor BALANCE AFTER AUCTION • The balance after the auction will not be retuned back by the company to the pledgor 15
  • 16. MODERN APPLICATION • Rahn in the contemporary application may take either a form papers such as: – Property documents – Vehicle papers – Sukuk – Shared • Or object like ornaments, jewelries and other valuables. 16