The Agreement of Umrah Pilgrimage With Umrah Travel Operators (According to PMA Number 8 Year 2018 and Sharia Economic Law)

Abstract

The community interest to perform umrah is increasing and resulting the existence of umrah service becomes as a promising business. The government determines PMA No. 8 year 2018 on Umrah Travel Operators (PPIU). However, the case of fraud toward Umrah pilgrims by PPIU is increasing. This paper aims at describing the agreement between Umrah pilgrims and PPIU based on the regulation of Religious Affairs Minister and Sharia Economic Law and the agreement between Umrah pilgrims and PPIU based on Sharia Principles. The research is conducted by normative juridical approach consisting of descriptive analytical research and secondary data type. Data collection technique uses literature study and qualitative data analysis. The result shows that PMA No. 8 year 2018 does not specify the type of agreement between Umrah pilgrims and PPIU. Based on Sharia Economic Law,the agreement between Umrah pilgrims and PPIU is Ijarahal ‘amalmusytarak. Related to Sharia Principles, the agreement should not contain the elements of usury, ghahar, maisir, haram, and zalim.