Academic journal article Journal of Legal, Ethical and Regulatory Issues

Management of Hajj Funds in Indonesia

Academic journal article Journal of Legal, Ethical and Regulatory Issues

Management of Hajj Funds in Indonesia

Article excerpt

INTRODUCTION

In terminology, pilgrimage is a journey of worship visiting the Ka'bah and its surroundings in the city of Mecca to perform various rituals such as thawaf, sa'i, wukuf in Arafat and so on. Hajj must be fulfilled by every capable Muslim (istitha'ah), once in a lifetime (Basri, 2005). Hajj is a special service. Not surprisingly, almost all capable Muslims, want to implement it. No exception, Muslim Indonesia. In the historical record, has not been found who and how many Indonesian Muslims who first travelled to Mecca for the pilgrimage (Abimanyu, 2013).

The available notes explained since the beginning of the 16th century, Indonesian Muslims have travelled to trade to Hejaz and then have the opportunity to perform the pilgrimage. Data Ministry of Religious Affairs explained since 1949 this ministry has dispatched as many as 9,892 pilgrims through the sea. Until now, the number of Indonesian Muslim community who want to perform the pilgrimage continues to increase, even the number of Hajj registrants greater than the number of quota given by the Government of Saudi Arabia to Indonesia (Shaleh, 2007).

Hajj is the culmination of the ritual of the pillars of Islam. The pilgrimage also integrates the entire Shari'ah level in it, even the pilgrimage is a great investment and the power of Islam. This is reflected in the procession of wukuf, thawaf, sa'i and jamarat. State/Government is responsible for the implementation of Hajj based on the mandate of the 1945 Constitution (Burhanuddin, 2014).

Hajj as the fifth pillar of Islam turns out not only aimed to increase the piety and spiritual values of the culprit, but also save the great economic potential. So there is great hope through the management of pilgrim funds to encourage the growth of national Islamic banking as well as contribute also in national development (Inderst, 2006).

Currently, the waiting list of pilgrims to date has reached approximately 3,305,207 regular pilgrims and 104,941 special pilgrims with an average number of pilgrims enrolling 500,000 people per year, while the annual Indonesian Hajj quota is only 211,000 people, the waiting list for the Hajj departure is with the average waiting period of 17 years. Therefore, the Government has requested to be given an additional quota of 30,000 people to the Government of Saudi Arabia each year.

Until now, there are still a number of actual issues that are still felt in the management of pilgrim funds, one of which is the problem relating to the issue of profit sharing for the savings of pilgrim funds. Backed by the fact that the savings of pilgrimage funds from the initial deposit of pilgrims who now reaches around Rp98, 34 trillion with profit-sharing average of Rp2-Rp3 trillion in each year is controlled by the Ministry of Religious Affairs and used to subsidize pilgrims who pilgrims still waiting to subsidize pilgrims who go to perform the pilgrimage. This raises the question of whether the law and the legitimacy of profit for the results of Hajj savings that are utilized without permission from pilgrims. In addition, the large profit-sharing gains are potentially vulnerable to deviations and misappropriation, as examined by the Corruption Eradication Commission (KPK). Based on this, this article aims to analyse the pattern of contracts made by Hajj pilgrims with Islamic Financial Institutions and the Ministry of Religious Affairs as the manager of pilgrim funds.

Fatwa DSN-MUI (National Sharia Board-Indonesian Council of Ulama Fatwa) about Hajji Handling Financing

DSN-MUI adopted Fatwa Number: 29/DSN-MUI/VI/2002 concerning Financing of Hajj Management of Islamic Financial Institutions. This fatwa is the answer to the request of the financial industry that wants to improve the quality of service in the form of more variety of methods of financing to the community. Fatwa DSN Number 29/DSN-MUI/VI/2002 concerning Financing of Hajj Management of Islamic Financial Institutions, stipulates that: First, in the management of Hajj for customers, Islamic Financial Institutions (LKS) can obtain benefits (ujrah) using al-ijârah according to the Fatwa DSN-MUI Number 9/DSN-MUMV/2000. …

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