Pemanfaatan setoran awal dana haji untuk Biaya Perjalanan Ibadah Haji (BIPIH) ditinjau berdasarkan perspektif Hukum Ekonomi Syariah

Farhan, Lubna Laelatul (2020) Pemanfaatan setoran awal dana haji untuk Biaya Perjalanan Ibadah Haji (BIPIH) ditinjau berdasarkan perspektif Hukum Ekonomi Syariah. Masters thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

BPKH as the hajj financial management body optimizes the hajj funds through the development of those placed in sharia investment instruments and sharia bank placements. Where the results of the development of investment instruments and placements in Islamic banks are for the proceeds allocated to subsidize the value of benefits and are deposited through virtual accounts belonging to the waiting hajj pilgrims. The subsidized value of the benefits comes from the value of the benefits of the pilgrims who are waiting, and the value of the benefits of pilgrims who are leaving, in which the value of the benefits of using the initial deposit of the Hajj funds is used to cover the real costs of the pilgrimage for the current year. This thesis research aims to provide an analysis of the context of the use of the hajj funds for haj pilgrimage travel expenses in terms of the perspective of sharia economic law. Where the use of hajj funds in the distribution of returns must contain the principle of justice as the management of hajj funds has provided legal certainty for the manager, namely the hajj financial management body by regulating the hajj fund management system and management. As it stipulated in Law no. 34 of 2014 regarding hajj financial management. This type of thesis research is qualitative / field research which is descriptive and analytic in nature. While the research approach used is juridical empirical by conceptualizing legal findings on the use of the initial deposit of hajj funds for the cost of the pilgrimage trip (BIPIH), through the BPKH development division and conducting a study based on the statutory approach, it is law No. 2014 concerning Hajj Financial Management and Fatwa DSN MUI No 122 / DSN-MUI / II / 2018 concerning Management of BPIH Funds and Special BPIH Based on Sharia Principles. The use of the hajj funds belonging to the pilgrims, which is quite large, is considered to have not provided optimal justice and benefit values. Where there is a sharing of the value of benefits allocated to the blessing subsidy for the pilgrims that comes from the value of the benefits of the waiting hajj pilgrims, which causes a reduction in the value of the benefits that are the right of every pilgrim. In this way, this contradicts the provisions of the Dsn Mui Fatwa No. 122 / DSN-MUI / II / 2018 that "sharing the results of the value of benefits to prospective pilgrims proportionally". The disclosure regarding the development of the hajj fund balance through virtual accounts does not run in real time. So that there is no difference in the amount of the balance based on the waiting time for the pilgrims. Therefore, the implementation of article 2 paragraph 1 and 2 of law no 34 of 2014 has not been running as it should

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