REKONSTRUKSI AKAD ARISAN KURBAN UNTUK MENCEGAH WANPRESTASI: ANALISIS FIKIH MUAMALAH, UU PERLINDUNGAN KONSUMEN, MUHAMMADIYAH, NU, SERTA DEWAN HISBAH PERSIS

Abstract

Qurban arisan has become a socio-religious phenomenon in Indonesia, yet its practice potentially causes gharar and default due to the use of qardh contracts with a rotating system and objects whose specifications are unclear at the time of transaction. This study aims to formulate a reconstruction of the qurban arisan contract that is valid under fiqh muamalah, complies with consumer protection principles, and accommodates the diversity of istinbath among Indonesian Islamic organizations. The method used is normative juridical with conceptual and comparative approaches. Data were analyzed qualitatively through literature study of classical fiqh books, Law No. 8 of 1999, Muhammadiyah Tarjih Decisions, NU’s Ahkamul Fuqaha, and Persis Hisbah Council Decrees. The results reveal three findings. First, conventional qurban arisan contracts are void due to gharar fahisy and violate consumers’ rights to information and certainty. Second, a comparison of the three organizations finds common ground in the prohibition of gharar, while differences lie in technical tolerance: Muhammadiyah leans toward tabungan in Lazismu, NU permits it with clear istishna’ specifications, and Persis prohibits the rotating system. Third, the ideal contract reconstruction is wadi’ah yad dhamanah combined with wakalah bil ujrah, which shifts the contract object to fund management services, thereby eliminating gharar while providing legal certainty for members. This study concludes that the scheme can bridge sharia provisions and state law. Recommendations are addressed to DSN-MUI to issue a specific fatwa and to BPKN to formulate consumer protection guidelines for qurban arisan.