PENERAPAN AKAD WAKALAH BI AL-UJRAH DAN HIWALAH BI AL-UJRAH DALAM PENGEMBANGAN PRODUK DI PERBANKAN SYARIAH

Abstract

The innovation of Islamic banking products requires the use of multi-contracts which transform the tabarru' contract which incidentally is a non-commercial contract into a mu'awadhat contract whose purpose is for commercial activities. So that it raises a debate about the legal status of the profits generated from the contract and how it is applied in product development in Islamic banking. These contracts are the wakalah bi al-ujrah contract and the hiwalah bi al-ujrah contract. This study uses a descriptive literature method that uses a normative juridical approach with data analysis techniques in the form of data reduction, data presentation and drawing conclusions. This type of research is qualitative research. The results of this study reveal the fact that the application of the wakalah bi al-ujrah contract and the hiwalah bi al-ujrah contract in product development in Islamic banks is contained in the mechanism for implementing the functions of Islamic banks in providing services. As for the services provided, the nature of the legal norms is the same as the service ijarah contract which is included in the category of core contract (mu'awadhat) of Islamic banks for profit.