Indonesia Conference Directory

The Fatwa of DSN Number 29 of 2002 allows Islamic Banks to charge service fees in arranging Hajj for customers with the principle of ijarah, and if necessary, can bail out BPIH payments by using the Qardh principle. This fatwa opened a gap in usury in combining the ijarah contract and the qordh contract. This fatwa has not clarified in what conditions the merger of the ijarah contract and the qordh contract can be classified as usury. Research on this subject has so far only been about the implementation of the fatwa in Islamic Banks. This study aims at explaining the merger of ijarah contract and qordh contract which are classified as usury and not. This research was carried out by reviewing the fatwa with ushul fiqh perspective. Based on the results of the study, the service fees charged by Islamic Banks in arranging hajj customers are classified as usury if only charged on customers who apply for hajj bailouts or that charged on customers receiving hajj bailings is greater than those imposed on prospective pilgrims at their own expense. The service fees are not classified as usury if charged to all prospective pilgrims with the same nominal value.