Use of Hajj Funds for Infrastructure Development: A Review of Deposit Contract and Use of Hajj Funds

Abstract

Objective: This study aims to determine the use of the pilgrimage fund deposit contract that has been done and to know the use of the pilgrimage fund for infrastructure development that should (study of the deposit contract and the use of pilgrimage funds). With the focus of research on the pilgrimage fund and the use of hajj funds in view of Islamic economic law that will be used to finance infrastructure development. Methods: This research is a qualitative research. This type of research is normative legal research. The approach in this research is analytical descriptive, revealing the statutory regulations regarding the hajj pilgrimage contract and the use of hajj funds in terms of sharia law, the 1945 Constitution of the Republic of Indonesia and the laws of the Republic of Indonesia. Legal materials are collected using a documentation system. Data collection used in the form of library research and study documents. Results: The results of the study show: First, the contractual time that exists between prospective pilgrims and BPKH as the Hajj financial manager must meet the requirements of the contract, that is, there must be consent or offer (ijab) and an acceptance (kabul). The Hanafi scholars require the consent and Kabul in each contract while the scholars from Maliki, Syafi'i and Hanbali in addition to requiring consent/offer and acceptence in each contract also requires that the parties in contract (muwakkil) the party giving the power of attorney and (wakiil) representatives of the recipient must at least less mumayyiz and ingenious, and the object or the goods of the contract must be something that is lawful according to syara. Secondly, with a wakalah agreement in accordance with syara ', the existing hajj funds can be used by BPKH as the hajj pilgrims representatives to manage the funds that have been deposited and entrusted. Suggestions: BPKH (Hajj Financial Management Agency) needs to make improvements to the wakalah contract between prospective pilgrims for Hajj fund deposits with BPKH who meet the requirements for consent and qabul by creating a new standard form that accommodates clear and clear consent and qabul from the candidate. pilgrims and BPKH.