The notion that confessions must be given voluntarily seems straightforward, but becomes complicated when one considers certain police behaviors. Although police have long been prohibited from using physical force, they are able to use a variety of powerful psychological ploys to extract confessions from criminal suspects, including the use of deception during interrogation. For example, the U.S Supreme Court has allowed police to falsely claim that a suspect`s confederate confession when in fact he had not (Frazier v. Cupp, 1969) and to have found a suspect`s fingerprints at a crime scene when there were none (Oregan v. Mathiason, 1977). However, the ethics around lying lead some officers to discount it as a tactic. Lies destroy confidence in the police. They are immoral because they are an illegitimate means to an ends. It goes against Kant`s categorical imperative that we should never lie, regardless of the consequences of not getting a confession in what may be an important case.
Allah (s.w.t) said: “And do not eat up your property among yourselves for vanities” (Al Baqarah 2: 188)
Allah has revealed severe punishment for those who obtain property illegally in order to protect them. Islam gave the right to human being to own and have growing wealth and Islam emphasize on the halal transaction in order to get income and grow wealth. Islam has provided the guidelines in financial activities to inquire ownership. Shariah provide various financial contracts to conduct business in lawful manner.
As mentioned earlier protection of the property (al-Mal) is one of the important elements of the Daruriyat in Maqasid Shariah. Islam gave the right to human being to own and have growing wealth and emphasize on the halal transaction in order to get income and grow wealth.
The product Ar-Rahnu would achieve the objective of the Shariah through several ways:
The transparency of Ar- Rahnu in its business conducts, Ar- rahnu follows closely the Islamic code of conducts in their transactions, therefore, it can be said that it does not involves the imposition of riba or Gharar in its dealings. It is clear that every step involved in the process is made known to the customer.
What is Ar-Rahn?
It is a Contract of Security.
Conceptually, Rahn means requiring a particular asset to be made as a security/collateral for a financing or loan, of which in the event of default by the customer/debtor, the loan may be satisfied out of the value of the security/collateral.
In normal practice, credit/financing facilities granted by a bank, will be secured by an appropriate collateral/asset with adequate value.
Al-rahn in Arabic has several meanings. Literally, al-rahn derives from the word rahana, which means either constancy, continuity, holding or binding. Technically, al-rahn term refer to pawning, mortgage, collateral, charge, lien and pledge whereby taking a property a security against debt, which secured property can be utilized to repay the debt in the case of non-payment (Dusuki, 2012). From scholar point of view such as Shafi’i defined al-rahn as “taking a non-fungible property as insurance against a fungible debt, whereby the debt may be extracted from the held property if it is not repaid”. Meanwhile, Hanbali defined it as “property to ensure the payment of a debt in case of default”.
Other scholars, Maliki defined as “act of taking valuable property from it owner as a mean of ensuring payment of loan that has matured or about to mature”. On the other hand, Hanafi submitted al-rahn terms as “holding something right because the taking of debt” (al-Zuhaily, 2007). The legality of al-rahn is based on the following evidence.
“And if you are on a journey (and you owe or provide that the term debt), and you do n
