Kontrak Jasa pada Perbankan Syariah : Wakalah, Kafalah dan Hawalah

Abstract

Financial service activities provided by Islamic banking in Indonesia are applied with various service contracts such as wakalah, hawalah and kafalah. In its current operation, the service contract is still an issue that is discussed, especially regarding the conformity of the contract to sharia provisions. The purpose of this study is to analyze the service contracts of Islamic banks in the review of fiqh muamalah maliyah. The type of qualitative research used in this study describes descriptively to provide a clear picture of the implementation of the contract used in the service products provided by Islamic banking. The literature study in this study was carried out by collecting data in the form of journals, books, Fatwa DSN, KHES in order to strengthen the conclusions that were built. The results of this study describe the operational concepts of service contracts: wakalah, hawalah and kafalah in Islamic banking. Furthermore, the findings in this study reveal that service contracts in wakalah, hawalah and kafalah contracts that are applied to various products in Islamic banking are appropriate in the review of fiqh muamalah maliyah.

Harmonization of Mudharabah Contracts: Study of DSN-MUI Fatwa, Compilation of Sharia Economic Law (KHES), Legislation and Its Application in Indonesian Sharia Banking

“…Apart from that, the profit-sharing mechanism that replaces the interest system enables Islamic finance to apply the principle of justice. Because through a profit-sharing scheme, profits and losses will be calculated relatively based on the size of the capital included (Harahap & Sudiarti, 2022).…”