Marhun comes from an Arabic word that means guarantee or ransom by the pledger (Rahin) to the pledgee (Murtahin). Marhun is an item or asset that is used as a pledge to guarantee the debt or protection of the party giving the pledge. Meanwhile, "Utilizing Marhun" is a term in the law of mortgage (Rahn) in Islam. A pledge will not take place if there is no dead body or valuables such as gold that can be pledged. In addition, the item to be pawned must also be pure in terms of syariah, i.e. halal or is a personal property and not a confiscated item or a borrowed item because if the pawned item consists of both, it is completely invalid. In addition, the goods to be pawned must also be goods that can benefit people. The item to be pawned must also be owned and can be handed over when the aqad or sighah takes place and the price is determined.
Through the basic principle of marhun in Islam, there is a strong emphasis on social interests where the social value includes the principle of helping each other and maintaining justice and there is no element of usury where there is additional interest, there is a need to have security and justice and the return of goods in the same condition. The mortgagor (Murtahin) cannot take advantage of the deceased for personal gain without asking permission from the mortgagor (Rahin). In addition, if there is profit generated from the deceased, both parties should discuss and make a clear decision about the division so that there is no oppression or injustice.
In Islam, Ar-Rahnu or pledge is a contract where a person hands over goods as a guarantee to another person for a debt owned. Ar-Rahnu comes from the Arabic word "Rahn" (Al-Qamus Al-Muhit) which means to strengthen or to hold and bind. This linguistic understanding coincides with the reference to the translation of the Quranic verse, Surah Al-Muddaththir (74): 38 which reads:
كُلُّ نَفْسٍۭ بِمَا كَسَبَتْ رَهِينَةٌ {٣٨}
(Al-Muddaththir (74): 38)
Meaning: "Each person is bound, not free from (the bad reward for the bad deeds) he does".
Based on the views of the scholars regarding the utilizing marhun, they have different opinions according to their understanding. Utilizing marhun has become a debate among scholars because it is related to the elements of justice and usury in the mortgage issue. There are various opinions found by scholars about the utilizing marhun.
For example, most scholars from the Shafi’I and Maliki, they think that the Rahin cannot utilize the marhun. This prohibition is based on two main principles. The first principle is usury in mortgage transactions. This is because, utilizing the marhun is considered as an addition to the borrower that has been given which can resemble usury. In this view, implementation of Rahn can only give the murtahin the right to hold the goods as security until the debt has been fulfilled and not to obtain additional profit from utilizing the marhun. The second principle is, justice and owner’s rights. This is because, marhun remains the property of the rahin and the murtahin cannot benefit from the pawned goods without permission. In this principle, Amanah (trust) is very important in islamic transactions. Therefore, Murtahin that takes the benefit of the marhun will be considered a violation of the property owner’s rights. There is a realated hadith about it.
The Prophet SAW said:
أَدِّ الْأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ، وَلَا تَخُنْ مَنْ خَانَكَ
(Narrated by Abu Daud, no. 3534)
Meaning: “Trust those who trust you, and don’t betray those who betray you.”
From Abdullah bin Umar, he said that Rasulullah SAW said:
كُلُّكُمْ رَاعٍ، وَكُلُّكُمْ مَسْؤُولٌ عَنْ رَعِيَّتِهِ
(Narrated by Al-Bukhari, no.893;Muslim, no.1829)
Meaning: “Each of you is a leader, and each leader will be asked about his responsibility.”
These hadiths teach that every form of trust must be fulfilled honestly, including in taking care of the pawned goods. The pawned goods must be done in trust and cannot be used without the permission of the owner. Murtahin also needs to try to pay off their debts so that the marhun can be returned.
There are also some views from the scholars of the Hanafi school where he asserts that the use of marhun (pawn goods) by the Murtahin (pawn receiver) is allowed on the condition that strict conditions must be set to maintain fairness in the pawn transaction and avoid the element of usury.
In principle, the Hanafi school strongly emphasizes that the pawned item can only be used as a guarantee but cannot be used by the pawnee because it has the potential to be unfair and exploitative. His view is that the Murtahin (pawnee) can only benefit from the marhun (pawn) if he gets permission from the Rahin (owner). If the owner of the goods agrees with the pawnee and agrees, then the pawnee can take advantage of the goods. If otherwise, it is not valid at all from the religious side and this causes injustice in the mortgage contract.
In addition, the Hanafi school also prohibits if there is an element of riba in this pawning transaction. If the Murtahin gains profit or benefit from the item, then it is usury. For example, Rahin pawned the marhun like gold to Murtahin and Murtahin used it for personal gain. This means it is considered an unfair extra benefit.
Therefore, if Rahin has made an agreement with Murtahin for Murtahin to take advantage of the pledged item, the Hanafi school of thought requires that there should be an additional agreement outside the main pledge agreement. In this contract, both parties must make a clear agreement and agreement about how the item can be used and what the result will be if it can be managed. For example, Rahin (the owner of the item) asks Murtahin (the pawnee) to manage the gold bar by keeping the gold in a safe place, and this is the compensation that Murtahin (the pawnee) will be given a storage wage as a reward for having taken care of or protecting the stolen gold . With this, there is no element of usury because it has been managed fairly and equitably and with mutual agreement.
In conclusion, the views of scholars on the use of marhun show variations in the implementation approach of Rahn with a greater tendency to prohibit the use to avoid usury and injustice. Utilization of the dead that harms the owner of the goods and without consent will be considered a violation of these principles and considered not in accordance with Islamic Shari'a. The issue of the utilization of the dead in the Ar-rahnu system needs to be managed carefully and in accordance with sharia principles to guarantee justice for both parties, namely the rahin and the murtahin.