ANALISIS TANGGUNG RENTENG DAN KAFALAH MENURUT HUKUM EKONOMI SYARIAH

Abstract

Kafalah is one of the traditional contracts in Islamic jurisprudence, but it is still used with some modifications today. Kafalah is the joining of the dependents of the insurer with the dependents of the primary insurer in respect of debts, goods, lives, or work. The joint liability system, which is used in this problematic loan, has not been implemented by many people.

This type of research is library research. Library research is a research conducted in the library to collect and analyze data sourced from libraries, both in the form of periodical books.

The results showed that, when joint responsibility and kafalah are viewed from the perspective of Islamic economic law, the pillars and conditions of the kafalah contract have been fulfilled in accordance with Islamic law. If a group member wants to do financing but does not have collateral, the debtor can use the responsibility system as proof of the group's loyalty and trust. If one of the customers cannot pay the debt on time, there is a joint responsibility system. Lending capital using the joint responsibility system has been carried out and is in accordance with Islamic law.