UNDERSTANDING THE LEGAL BASIS AND IMPLEMENTATION PRACTICES OF KAFALAH

Abstract

This research explores the concept of kafalah, a crucial element of Islamic law. It discusses the definition of kafalah, its legal foundation, the pillars and conditions of al-kafalah, the different types of al-kafalah, its implementation, and the payment by the guarantor (dhamin). A qualitative method with a library research approach is used, gathering information from both primary and secondary sources. The library research methodology involves analyzing secondary legal materials by reading, analyzing, and compiling data from pertinent literature. The findings reveal that the concept of kafalah in Islam is firmly rooted in the Qur'an, Hadith, and the consensus of scholars. Kafalah is considered important for maintaining social and economic balance and providing assurance for individuals in need. The study also highlights the importance of a proper understanding of the implementation of kafalah to ensure it aligns with Islamic law, including the necessary pillars and conditions and the fair mechanism for payment of dhamin. Thus, a deep understanding of kafalah can contribute positively to the practice of Islamic law in society.