UJRAH INSTRUMENT IN TABARRU CONTRACT: A LEGAL BREAKTHROUGH IN THE FATWA OF THE NATIONAL SHARIA COUNCIL

Authors

  • Syaugi Mubarak Faculty of Economics and Islamic Business, Antasari State Islamic University
  • Jailani Abdullah UIN Antasari Banjarmasin

Abstract

As one of the sharia financial instrument, ijarah be the model of contract which applied in sharia banking whether with single contract or hybrict contract. One of the reason why ijarah contract instrument in hybrict applied is because there is tabarru contract in a product in sharia banking. Various breakthrough made by National Sharia Council (DSN) is for make sure that Islamic (sharia) banking do not find a difficulty in the application in a product that has implications for the emergence of legal contradictions with classic fiqh. This research focus to the two issues, those are: first: the existence of ujrah instrument in the Tabarru contract which incidentally is a contract that has social dimension not a profit as implemented in National Sharia Council – DSN’s fatwa and be a basic legality in some products in sharia banking; second: the acquisition of ujrah which is calculated on a certain percentage. This research is legal research that can classified to the normative legal research, that is library research that base on legal material, whether primer or secondary. The characteristic of this research is explanatory which is a research that explain, strengthen or test and even refuse a theory or hypothesis also to the result of research. Findings in this research conclude that most of the ‘ulama are not allowing to take an advantage of kafalah contract, because the characteristic of contract is ‘uqud tabarru’at (social service) and ujrah in a form of hissah (a certain of comparison or percentage) is invalid). This is different with National Sharia Council – DSN in its fatwa that allow the ujrah instrument in kafalah contract and also stipulate that the determination of ujrah base on percentage.

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Published

2025-02-25

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Section

Articles