Sharia Principles in the Management of Hajj Funds by BPKH (Hajj Fund Management Agency)
Neni Sri Imaniyati, Neneng Nurhasanah, Rini Irianti, Rimba Supriatna, Panji Adam, Hasyim Adnan

Universitas Islam Bandung

Abstract

Muslims who want to go for Hajj are required to make an initial deposit of funds, addressing sharia banks that provide Hajj fund products. With the number of prospective pilgrims who register for Hajj from year to year, the collected Hajj funds are getting bigger. In December 2015, accumulated hajj funds reached Rp 81.59 trillion, and became Rp 119.37 trillion in 2020. Ratification of Law Number 34 Year 2014 concerning Hajj Fund Management states one of the principles in the financial management of Hajj, that is sharia principle. Therefore, research related to the Hajj funds management was conducted aiming at reviewing sharia principles in Law Number 34 Year 2014 concerning Hajj Fund Management and Regulations on the Implementation of sharia principles in Hajj Fund Management contracts. The research used descriptive analytical in a normative juridical approach, and secondary and primary data as data source. Data collection techniques used library research, interviews, and focus group discussions. Data analysis used a qualitative analysis. The results concluded that Law Number 34 Year 2014 concerning Hajj Fund Management includes sharia principles as one of the principles in the law. Unlike other principles in the law, there is no explanation of sharia principles. This has the potential to create legal uncertainty. Regulations on the implementation of sharia principles in Hajj Fund Management was conducted through the Fatwa of DSN-MUI for financing contracts, namely al-Ijarah, Qordh, and Ijarah or Kafalah contract. Especially for BPKH contracts with investment partners, it is carried out through wakalah contracts.

Keywords: sharia principles, Hajj funds, BPKH

Topic: Law and Ethics in Terms of Islamic Perspective