Compensation of Hajj Arrum Products According to Fiqh Muamalah

A Study in Banda Aceh, Indonesia

Abstract

One of Pegadaian Syariah's superior products is the Hajj arrum product, which provides Hajj assistance funds by pawning 3.5 grams of gold, or the equivalent of 1.5 gold mayams, and allows customers to receive a loan of IDR 25,000,000 to register for the Hajj portion. Because Pegadaian Syariah is inseparable from the risk of loss, compensation (ta'widh) applies. The determination of ta'widh must be in accordance with the applicable rules in accordance with the Fatwa DSN-MUI and Islamic Law. This type of research uses qualitative research methods and uses a normative-empirical legal approach with data from laws and regulations, fatwas of scholars, and other secondary data. The results showed that the compensation mechanism in the Arrum Haji product at Pegadaian Syariah Darussalam Banda Aceh is determined by a maximum percentage of 4% of the nominal amount, in accordance with the institution's regulatory policies and agreed upon by the customer. However, the amount of compensation is paid by only one party pays the compensation, and the customer follows the rules without knowing what form of loss the Sharia Pawnshop will experience if the customer delays in paying the financing installments. Therefore, the implementation of the practice of compensation (ta'widh) is not in accordance with the contents of the MUI DSN Fatwa No. 43 / DSN-MUI / VIII / 2004 concerning compensation (ta'widh), which explains that the practice of compensation (ta'widh) should not include nominal losses, but must be in accordance with the actual losses or real losses incurred by the customer.