Rahn Flashcards
Fiqh muamalat 2
Al-Rahn literally mean
Covenant; promise; solemn promise”. [Pledge; Mortgage; Pawning; Charge; Security; Collateral]
Rahnu Technically A contract to make
property a security in respect of a right to claim, the payment for this may be taken from the value of that [pledged] property [after it is sold].
From the definition, we could understand that al-rahnu is ________ contract
a secondary contract. It means that it cannot stand by itself unless there is a primary contract and that is “debt”.
Shariah Ruling al-rahnu
Mubah: Al-rahnu is permissible (ja’iz) .
It is considered as an act of
tabarru’ like al-wadiah, al-qard, al-hibah, al-i’arah (uqud al-tabarru’at).
Rahnu is also a type of uqud ______ (debt security contracts).
uqud al-istithaq (الاستيثاق)
Al-Rahnu contract becomes ________ for pledgor after the pledge is received by the pledgee (because al-rahnu is a kind of ‘uqud ‘ainiyyah: hibah, sadaqah, rahn).
irrevocable for pledgor
One pledge may be
exchanged for another.
The ________ may, on his own accord, annul the contract.
pledgee
Two different creditors may take a common pledge from a single debt to _______ debts
- Creditors pledge from single debtor.
- Secures entire debts.
When a debt is partly paid off, it does not become necessary to return the part of the pledge equivalent to it in full.
The pledgee has a right to hold the whole until the debt is paid.
If the time for paying the debt has arrived, and the pledgor refuses to make payment, the pledgee may approach to court to compel the pledgor to sell the thing pledged in order to pay the debt.
On his refusal, the court may sell the pledge to pay the debt.
Utilization of al-marhun by the al-rahin/pledgor
Al-Jumhur: It is
not permissible except with the permission of the pledgee (al-Hanafiyyah & al-Hanabilah).
The permission from the pledgee to the pledgor to use al-marhun shall invalidate the al-rahnu contract according to
(al-Malikiyyah).
Al-Shafi’iyyah states that it is permissible to use al-marhun without the pledgee’s permission, as long as the value of the item
not lead to the decrease of its value.
