Financing of HAJ Trough a Contract of Qardh (Loan) on Shari’a Banking in Indonesia

Abstract

Haj Bailout Funds is a loan facility given by shari’abank to customers, which has aims to close the shortcomings of BPIH(Hajj Operational/ Investment Funds) in order to get hajj portion (seat). This Hajj bailout funds actually causes some mudharat, including the existing people who have not able to engage hajj (istitha’ah) are able to register for hajj, thus it makes the queue list for hajj becomes longer and longer that is about 10 years. The application of Qardh on shari’abanking based on MUI Fatwa No. 19/DSN-MUI/IV/2001 whose funds is sourced from capital share and profit set aside from Lembaga Keuangan Syariah/ LKS(Shari’a Financial Institution), and also other institutions and individuals who entrust their infaqdistribution through LKS. In 2011, MUI released a fatwa Qardh in No. 79/DSN-MUI/III/2011 whose funds source is from the customers. If it is compared to MUI fatwa 2001, this MUI fatwa 2011 possible can take more mudharatif there are some uncollectible qardh accounts receivables because its fund source is from the customers. The other mudhorotis when someone is not able to pay off the DHT, thus it creates a cancellation of hajj departure.