KEDUDUKAN BARANG GADAI Perspektif Hukum Islam dan Hukum Perdata di Indonesia

Abstract

This writing wanted to study about the position and function of forfeit goods in the perception of Islam and perdata law that applicated in Indonesia. By using comparative descriptive approach, can be found that the important things such as: first in Islam and perdata law in Indonesia that forfeit goods (marhun) has status as quarantee goods above agunan. Second, forfeit goods is understood as amanah/ trusty, that should be tahe care of as it is. But in Islam law is written clearer; while in perdata law in Indonesia is only reflected from the regulation and the system of operation.Third forfeit goods can be taken the useful by both of the people, the giver and receiver on agreement and mutualism together. Therefore, the application of forfeit syariah in Indonesia is in line with perdata law in Indonesia, even to make stronger each other, both in maintenance/ amanah or to realize living for helping each other. (ta’ awwun alal birri wa al taqwa).