الجعالة في الفقه الاسلامي وتطبيقاتها في البنك الاسلامي البروناي

Abstract

In this study, researcher will explain the introduction of the concept of Ju’alah according to Islamic Fiqh and its application in Islamic bank. The meaning of Ju'alah is a type of contract in which an expression of promise is made by a person who loses something of his property by giving a reward or gift to the person who finds it with a certain wage. Ju'alah is not only limited to lost property, but it also can be applied for every job that can benefit people. The differences between the concept of Ju'alah and the concept of Ijarah is still unclear so that there is a different understanding between both of them. The practice of Ju’alah contract from time to time until now has many changes especially its implementation in banks. Therefore, the Ju'alah contract is less known for its use in banks by most people and the extent to which the practice of Ju'alah is based on Shariah. This study aims to explain the nature of the Ju’alah contract and use more flexibility for Ju’alah in order to adapt it in current financial transactions. To achieve the goal in this study, the researcher will discuss the first part of this study on the concept of Ju'alah covenant in the perspective of Islamic Fiqh and analyze some issues related to the covenant based on the rajih (true) opinion of the Fiqh scholars. The second part of this study is dedicated to analyze the practice of this product in Islamic banks in Brunei Darussalam. From the result of this study, reward income is very important; its provisions can be used for various financial transactions. Ju’alah is also required to be part of the job or product in the transaction. The conclusion of this study, Ju'alah is required and allowed in Islamic financial system as long as it complies with the principles, conditions and in accordance with Shariah rulings.