WADIAH AGREEMENT FROM THE PERSPECTIVE OF FIQIH MUAMALAH

Abstract

This study focuses on an in-depth analysis of the concept, implementation, and relevance of the wadiah contract in the perspective of muamalah fiqh. The wadiah contract is one of the important contracts in Islam that regulates the mechanism of depositing assets or goods. The research approach uses a literature review. Where the party receiving the deposit is responsible for maintaining and returning it according to the agreement. In modern practice, this contract is widely used by Islamic financial institutions, such as Islamic banks, especially in savings and current account products. However, the implementation of the wadiah contract often raises views regarding the legality of providing bonuses or incentives to owners of deposited assets, which in some cases are considered close to usury practices. The results of the study show that the wadiah contract has a strong basis in Islamic law, with provisions that prioritize the principles of trust and justice. However, modern practice presents new challenges, such as the provision of bonuses by Islamic financial institutions that are not promised at the beginning, which are considered by some scholars as tabarru' (grant), but for others can raise doubts about sharia if used incorrectly. This study also found the need for standardization in the implementation of wadiah contracts in Islamic financial institutions to avoid potential deviations.