Abstract:

The purpose of this study was to determine the argument of DSN-MUI in the permissibility of law on fee (ujrah) in gratuitous contract which ultimately resulted in a shift of contract from gratuitous contract to compensational contract so that the social aspects of gratuitous contract was forgotten. The ulama (mufti) had at different opinions regarding the law on fee (ujrah) in gratuitous contract. DSN-MUI used three methods in issuing fatwa regarding fee in gratuitous contract. Namely nash qath'i, qauli and manhaji. DSN-MUI used istinbath qauli in which they referred to some opinions from the ulama, both who allow or forbid the collection of fee (ujrah) in gratuitous contract. After seeing the cause (illat) and the people need (benefit), DSN-MUI chose the opinion that allow the collection of fee (ujrah) in gratuitous contract.