Implementation of Akad al-Ijarah al-Maushufah fi al Dzimah in Indent Home Ownership Financing Products (PPR

Abstract

Indonesia has a lot of practices in the community in the form of renting or renting, but in the implementation of the mechanism still uses ordering the benefits of goods or services based on agreed specifications (rental inden). If the legal basis governing IMFZ is salam, then the payment of ujrah must be made in cash at the time of the contract, while if the legal basis governing IMFŻ is ijārah, then the payment of ujrah can be made in installments or deferred like other ijarah contracts. Although the new contract model is an innovative step, it still raises polemics and questions. The reason is, in terms of ujrah payment itself, the scholars of the Imam Madzhab still differ whether it is based on a salam contract or based on an ijarah contract. Not to mention in terms of positive law applicable in Indonesia, whether it is appropriate or even overlaps. Departing from the above problems, it is very important to conduct a comprehensive study of the MUI fatwa regarding the al-ijārah al-mausufah fi al-zimmah contract. Therefore, the author is interested in researching and analyzing how the IMFZ contract fatwa conforms to the contract theory in the perspective of Islamic law and the perspective of Indonesian positive law. This research is expected to be a material consideration as well as an evaluation material for Islamic law regulators in issuing new laws, especially fatwas issued by DSN-MUI. So as to produce quality legal products as well as maslahat for the people. This research uses library research methodology with the references obtained are normative.