The Principles for Islamic Debt Contract in the Sharia Pawnshop of Indonesia

Abstract

This writing, basically,  focuses on some Islamic principles in Sharia Pawnshop, especially Indonesia. These principles should be the basis of the legal relationship between the parties in the Sharia Pawnshop. Also these principles must integrate with the principle of mutual help (the Principle of Taawun) as its basis of the Sharia Pawnshop’s contract. Because of debt contract is main key of Sharia Pawnshop. This writing is a legal research with using of analysis’s conceptual approach. Using of this analysis, the author does try to formulate Islamic Principles in Sharia Pawnshop. This analysis, of course, refers to doctrines of Islamic Law. Therefore, the writer do hope to conclude which it can be justified scientifically. Legal experts agree that legal principle as the basic norm for rules of law. Legal principle contains a number of values and ethical guidelines. A legal norm, basically, has a philosophical basis which it can be the basis of establishment of such legal norm. Therefore, the rules of law which do not have a foothold of legal principle, they will be clumsy in its enforcement of the context.

Keywords: Legal Principles, Contract, and The Sharia Pawnshop of Indonesia