TINJAUAN HUKUM ISLAM TERHADAP PELUNASAN BIAYA PERJALANAN UMROH DI PT. BABUSSALAM MUBAROK INTERNASIONAL

Ahmad Aqil Dliya’uddin, NIM.: 21103080054 (2025) TINJAUAN HUKUM ISLAM TERHADAP PELUNASAN BIAYA PERJALANAN UMROH DI PT. BABUSSALAM MUBAROK INTERNASIONAL. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The increasing number of Umrah pilgrims in Indonesia has encouraged travel agencies to introduce financing innovations, including installment programs without collateral. PT. Babussalam Mubarak Internasional is one of the agencies that has adopted this system. While it facilitates access for lower-middle-income communities, the scheme raises questions regarding its compliance with sharia principles, potential for injustice, and the lack of legal protection for pilgrims. Therefore, this study aims to comprehensively examine the financing practices from the perspectives of Islamic law, the theory of justice, and the theory of legal certainty. This research adopts a qualitative approach using field research methods. Data were collected through interviews, direct observations, and documentation related to the Umrah financing program at PT. Babussalam Mubarak Internasional. The analysis is framed by Islamic legal theory in muamalah (particularly contracts), John Rawls’ distributive justice theory, and the theory of legal certainty based on positive law. The primary objective of this study is to evaluate whether the installment scheme without collateral fulfills the principles of sharia-based justice, provides fair access to vulnerable groups, and is supported by a strong legal foundation and adequate protection of pilgrims' rights. The findings reveal that the installment-based Umrah financing system without collateral has not fully met the principles of transparency and legal protection. In terms of funding sources, the financing is provided from the company’s internal funds rather than formal financial institutions, which limits oversight and legal certainty. Although the scheme can be justified under sharia law if based on a clear contract (akad), in practice, ambiguities remain regarding the type of contract used and the absence of a formal written agreement. As a consequence, the lack of contract clarity and legal documentation poses risks of disputes and uncertainty over the rights and obligations of pilgrims. From a justice perspective, this system is beneficial for economically disadvantaged groups, in line with the difference principle in Rawls’ theory. Therefore, this financing model can only be considered lawful and just if it is supported by a clearly defined contract, transparent funding sources, and solid legal protection for all parties involved.

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