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PERAN MUTAWIF INDONESIA DALAM PENGELOLAAN SEDEKAH JEMAAH UMRAH DI MAKKAH: PERSPEKTIF ANTROPOLOGI HUKUM DAN HUKUM EKONOMI SYARIAH
This study examines the management of alms (ṣadaqah) funds of Indonesian umrah pilgrims by mutawifs in Makkah, which reflects a transformation in the pattern of Islamic philanthropy from direct giving between donors and recipients to intermediary-based management. Mutawifs not only serve as religious guides, but also act as fundraisers, managers, and distributors of pilgrims’ alms through “charity packages” offered at certain nominal amounts. The strong enthusiasm of pilgrims to give charity in Makkah, along with their high level of trust in mutawifs, has contributed to the continuous development of this practice. However, from the perspective of Islamic Economic Law, this practice raises several issues due to the absence of specific technical regulations governing the management of religious social funds. Therefore, the relationship between pilgrims as donors and mutawifs as intermediaries requires a clear contractual construction in order to assess its conformity with Islamic Economic Law, particularly regarding contractual clarity, transparency in fund management, and the legitimacy of compensation mechanisms. This research is a field study employing a qualitative method with a descriptive-analytical nature and an empirical juridical approach. Data were obtained through interviews and documentation involving mutawifs as the primary informants. The analysis was conducted using a legal anthropology approach to understand the social practice of alms management, employing Pierre Bourdieu’s theory of social practice as an analytical framework to examine the relationship between habitus, capital, and field within the practice. In addition, contract theory in Islamic Economic Law was used to analyze the validity of contractual constructions and compensation mechanisms in the management of alms funds. The findings reveal that the practice of alms management is carried out through a fundraising scheme based on “charity packages,” which implicitly involve predetermined nominal amounts, while mutawifs obtain compensation from the difference between the collected funds and the actual operational costs of distributing the charity. This practice may be understood as a form of religious service shaped by the pilgrims’ religious habitus, symbolic capital in the form of religious trust, social capital through close relationships with pilgrims, cultural capital in the form of the mutawifs’ religious knowledge, and the strong influence of Makkah as a religious field. From the perspective of Islamic Economic Law, the practice does not fully satisfy the principle of contractual clarity due to the absence of a clearly defined underlying contract, whether as wakālah, ijarah, or another contractual form. This ambiguity creates opportunities for irregularities in fund management and potentially gives rise to elements of gharar and lack of transparency, which may affect the validity of the contract.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PERAN MUTAWIF INDONESIA DALAM PENGELOLAAN SEDEKAH JEMAAH UMRAH DI MAKKAH: PERSPEKTIF ANTROPOLOGI HUKUM DAN HUKUM EKONOMI SYARIAH (Text)
PERAN MUTAWIF INDONESIA DALAM PENGELOLAAN SEDEKAH JEMAAH UMRAH DI MAKKAH: PERSPEKTIF ANTROPOLOGI HUKUM DAN HUKUM EKONOMI SYARIAH (Other)
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