LAW ON FEE (UJRAH) IN GRATUITOUS CONTRACT: STUDY ON NATIONAL SHARIA BOARD-INDONESIAN COUNCIL OF ‘ULAMĀ FATWĀ

Abstract

The purpose of this study was to determine the argument of National Sharia Board-Indonesian Council of Ulama (DSN-MUI) in the permissibility of law on fee (ujrah) in gratuitous contract which ultimately resulted in a shift of contract from gratuitous contract to commutative contract whereby the social aspects of gratuitous contract is lost. The ‘ulama have a different opinions regarding the law on fee (ujrah) in gratuitous contract. DSN-MUI used three methods in issuing fatwa regarding fee in gratuitous contract. Namely naṣ qaṭ‘ī, qawlī and manhājī. DSN-MUI used istinbāṭ qawlī in which they referred to some opinions from the ‘ulama, both who allow or forbid the collection of fee (ujrah) in gratuitous contract. After seeing the cause (‘illah) and the people need (benefit), DSN-MUI chose the opinion that allow the collection of fee (ujrah) in gratuitous contract.