Wadi’ah Contract in DSN-MUI Fatwa Number 02/DSN-MUI/IV/2000 Concerning Saving Connected with the Theory of Intention (Nadhariyat An-Niyat) and Sharia Principle

Abstract

The mandate of Law Number 21 Year 2008 concerning Sharia Banking gives authority to the National Sharia Council-Indonesian Ulama Council (DSN-MUI) to make fatwa in the field of Sharia Banking. One of them is fatwa number 02/DSN-MUI/IV/2000 about Savings. In the stipulated fatwa, the contracts used for savings in sharia banks are Mudharabah and Wadi'ah contracts. Both contracts become the reason to conduct this study aiming at finding Wadi'ah contract in the DSN-MUI fatwa number 02/DSN-MUI/IV/2000 concerning Savings in terms of theory of intention (Nadhariyat An-Niyat) and sharia principles. This study used normative juridical with descriptive analysis, secondary data, and literature study as data collection method. Qualitative data analysis was interpreted systematically. The results showed that, first, the product according to the DSN-MUI fatwa used Mudharabah and Wadi'ah contracts. However, in Wadi'ah contract, the bank used Qardh contract because the entrusted object is money and the funds are used by the bank. Based on the theory of intention, it is the substance that becomes a guide, not the formalistic naming. Hence, though the name is Wadi'ah contract, the reality, it is Qardh contract. In the discussion of contemporary muamalah fiqh, it is called wadî'ah yad al-dhamânah contract. Second, the development of Wadi'ah contract in fund raising products in DSN-MUI fatwa do not contradict sharia principles because in its application, sharia banks do not promise the existence of bonuses or prizes required at the beginning of the contract, so that this product is free from prohibited transaction such as usury.