Miqot: Jurnal Ilmu-ilmu Keislaman (Dec 2013)
FATWA TENTANG HADIAH DI LEMBAGA KEUANGAN SYARIAH
Abstract
Personal Legal Opinion on Present in Syari’ah Financial Insti- tution. This study is aimed at deducting legal ruling of material gift or present offered by the Syari’ah financial institution (LKS) for their clients at the time of opening account by way of lottery. Wadî‘ah contract in collecting LKS funds is substantially similar to that of qardh contract because permission to usufruct the stored object is inherent in the contract, therefore such wadî‘ah contract is included in the domain of tabarru’. Mudhârabah contract, on the other hand, comprises business contract which is categorized as mu‘âwadhat or tijârî contract. Jâ’izah tasjî‘iyah also have the same status as mudhârabah contract which is included in the mu‘âwadhat domain. As such, the authors conclude that it is irrelevant to use jâ’izah tasjî‘iyah in selling the product of LKS fund collection with wadî‘ah or qardh contract. Conversely, jâ’izah tasjî‘iyah is worthy of considering to be used in promoting LKS product using contract that comprises in the mu‘âwadhat sphere.
