Hajj Fund Investment Law for Infrastructure Development

After the inauguration of the leadership of BPKH on July 26, 2017, President Jokowi stated that Hajj funds should be proactively invested rather than left idle. He emphasized investing in low-risk projects that yield significant profits, such as infrastructure developments. Additionally, there was a proposal from Commission VIII on April 8, 2020, to utilize Hajj funds for Covid-19 handling programs. This proposal was rejected by the Ministry of Religion and BPKH, yet the continuous increase in deposits from Hajj pilgrims has raised public concerns. The aim of this study is to examine the legal framework regarding investments in Hajj funds, focusing specifically on contracts. This research employs a juridical-normative approach, utilizing library research and various references, including the Quran, Hadith, statutory regulations, National Sharia Council Fatwas, journals, and other relevant materials. The findings indicate that the contract to be used is the wadi'ah dhamanah contract. Hajj funds can be invested in infrastructure projects under this agreement. In the event of a loss, BPKH is obligated to return the Bipih deposits as they were initially. Conversely, if the investment is successful, BPKH may voluntarily distribute the profits to Hajj pilgrims without any preconditions.