Investment Arrangements In The Hajj Fund Which Marginal Community Participation Are Reviewed From The Principles Of Islamic Contract To Realize Legal Goals

Abstract

The absence of means of participation from prospective Hajj pilgrims, regarding approval for initial deposit funds to be used as an investment object, is an interesting discussion in this article. Islamic engagement emphasizes the values of equality, equality, fairness and consent as a reference for implementing engagements according to Islamic law. In fact, the absence of participation facilities for prospective Hajj pilgrims has created a perception that sharia principles as stated in Article 2 of Law Number 34 of 2014 concerning Hajj Financial Management are not being fulfilled, which is the main motivation for the material review of Articles 24 and 46 of Law Number 34 of 2014. The direction of legal politics regarding the regulation of investment in Hajj funds has not equalized the position between the government as the organizer of Hajj facilities and prospective Hajj pilgrims as the stakeholders. Law is more appropriately placed as a validity that is in line with morals. In other words, morals become the guiding corridor of law which is implemented by legal subjects.