Law on fee (Ujrah) in gratuitous contract: (Study on National Sharīah Board-Indonesian Council of Ulama Fatwa

Abstract

This study aims to determine the argument of DSN-MUI (National Sharīah Board-Indonesian Council of Ulama) in the permissibility of law on fee (ujrah) in gratuitous contract which ultimately resulted in a shift of contract from gratuitous contract to compensational contract so that the social aspects of gratuitous contract was forgotten. The ulama (mufti) had 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 nass qat'ī, qauli and manhaji. DSN-MUI used istinbāt qauli 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 allows the collection of fee (ujrah) in gratuitous contract.