Tinjauan Fiqh Muamalah terhadap Implementasi Wakalah dan Kafalah di Era Modern

Abstrak

The development of the modern economy and Islamic financial institutions demands the adaptation of classical Islamic jurisprudence (fiqh) contracts to remain relevant and in accordance with Islamic principles. Wakalah and kafalah are two contracts widely used in contemporary practice as instruments for the delegation of authority and guarantees. This study aims to review the implementation of wakālah and kafalah in modern economic practice from a fiqh muamalah perspective and identify emerging challenges to sharia compliance. The method used is a qualitative multi-method approach through doctrinal studies, document analysis, case studies, and comparative analysis. Data are sourced from classical Islamic jurisprudence literature, fatwas of the National Sharia Council (DSN-MUI), national regulations, and practices in Islamic banking, takaful insurance, and guarantee institutions in Indonesia. The results show that wakālah and kafalah remain normatively valid and relevant, but face challenges in the form of inconsistent fatwa application, unclear responsibilities, determination of ujrah, and risk management. Therefore, standardization of contracts, strengthening the role of the Sharia Supervisory Board, and integration of risk management based on the maqāṣid al-syarī‘ah (obligatory objectives) are necessary.