Abstrak
ISRA MARDANI 2024, NIM, HES 222022006, Thesis Title: "Study of the Legal Debate on Pagang Gadai in Minangkabau", Mahmud Yunus Batusangkar State Islamic University (UIN) Postgraduate Islamic Economic Law Study Program. The main problem in this thesis is why there is a legal debate about pawning pawns in Minangkabau. The aim of this research is to determine the mapping of ulama regarding pagang pawn law in Minangkabau, to explore what arguments they put forward, and to find out the forms of mashlahah and mafsadah in the implementation of pagang pawn. The benefits and outcomes of this research are as a valuable contribution for the author in pursuing the study of Sharia Economic Law, as a thought contribution to educational institutions, especially Mahmud Yunus Batusangkar State Islamic University (UIN), and as one of the requirements for obtaining a master's degree in law in the program studying Sharia Economic Law postgraduate at Mahmud Yunus Batusangkar State Islamic University (UIN). The type of research is library research. The research is descriptive qualitative analysis, where researchers collect data from written sources such as books, journals and other mass media. The aim is to present existing information, analyze it and draw conclusions based on the researched literature. This research concludes that there are two categories of mapping the opinions of ulama regarding pawn pawn law in Minangkabau, namely intellectual ulama and Islamic boarding school ulama. Intellectual ulama tend to be of the opinion that the practice of pagang pawn in Minangkabau is not in accordance with the Minangkabau traditional philosophy which relies on the Book of Allah and the Sunnah of the Prophet SAW on the grounds that there is a debt that conveys benefits and that is Riba and is forbidden, even such a practice gives rise to mafsadat in the form of disharmony for both internal and external a people. Meanwhile, Islamic boarding school ulama tend to accept the practice of pawning for reasons of Ijtihadi, ta'awun contracts and for the benefit of the people. but with a written contract, there are witnesses, trust and have a period of time.