HAJJ BAILOUT: IT’S PROBLEMS AND LEGALIZATION

Abstract

Fundamental issues on the hajj today is the problem of funding, in which hajj applicant must pay hajj journey fee (BPIH) first to get seat number. Many pilgrims want to perform hajj but they haven’t enough funds to pay the BPIH. This is an opportunity for the Bank to launch Islamic financing hajj bailout products. This financing aims to help hajj applicant who can not pay BPIH as an initial deposit to get a seat/ queue number.
Based on above, this study generally aims to analyze the legal status and position of hajj bailouts according to Islamic law. This research includes a legal research with descriptive analysis, which describes the facts of law in society by using secondary data: the primary legal materials, secondary legal materials and tertiary legal materials. This study used the normative method with qualitative data analysis.
Results of the study concluded that the hajj bailout allowed by the DSN based on the allowance of ija<rah and qardh contract component. Whereas, the legalization of ija<rah and qardh contract combination in this product are particularly vulnerable to the usury practice or at least still a doubtful case. If we see “ist{}it}a>'ah†for the mandatory requirement of hajj, actually, the people who use the services of hajj bailouts can not be considered to meet these requirements, so he is not obliged to perform hajj. Precisely when he forced himself to owe to the LKS, then there is a possibility he would trouble himself.