DEBT BILLING (COLLECTION) IN ISLAMIC LAW PERSPECTIVE

Abstract

In the study of fiqh there are several forms of fiqh contracts that are practiced in Islamic banking which are used in the banking service contracts such as al-Rahn, Wakalah, Kafalah, Hiwalah. In sharia banking service transactions, a complementary contract is needed. This complementary contract is a prerequisite for a sharia banking product, especially a service product, which can be said to be legal according to sharia. This complementary contract is not intended to seek profit, but is intended to facilitate the implementation of financing. However, in this complementary contract it is allowed to ask for a replacement for the costs incurred to carry out this contract. The amount of this replacement fee is just to cover the costs that actually arise. The law of wakalah is permissible, because wakalah is considered as an attitude of helping each other, as long as the wakalah is aimed at goodness.

Wakalah is a contract which according to the rules of Fiqh Muamalah, is allowed and justified according to the Shari'a. The definition of Wakalah is: Protection (al-hifzh), Sufficient (al-kffayah), Dependent (ad-dhahamah) Delegation (ai-tafwidh). In the Wakalah contract several pillars and conditions must be met for this contract to be valid, namely the presence of a person who represents (Al-Muwakkil), the person who is represented. (Al-Wakil), the object being represented and Shighat/Ijab Qobul. Each pillar has its own provisions in supporting the validity of the Wakalah contract.