WADI'AH YAD DHMANAH PERSFECTIVE MAQASHID SYARIAH

Abstract

Muamalah contracts are generally permitted as long as they do not conflict with sharia provisions. One form is wadi'ah yad dhamanah, which is the entrustment of goods or funds to another party who can use them while remaining fully responsible for the risk of damage or loss. This study examines this contract through the maqashid sharia approach, especially in the aspect of asset protection (ḥifẓ al-māl), by examining it from three levels of benefit: dharuriyyat, hajiyyat, and tahsiniyyat. The research method used is normative legal research with a factual approach and legal analysis. The results of the study show that the wadi'ah yad dhamanah contract has relevance to the three levels of benefit in maqashid sharia. At the dharuriyyat level, this contract functions to protect the assets entrusted because the recipient of the deposit is obliged to maintain and return them intact. At the hajiyyat level, this contract facilitates transactions and asset management, such as storing or borrowing goods and money. Meanwhile, in tahsiniyyat, this contract supports welfare if it is used for productive things such as investment. Thus, the wadi'ah yad dhamanah contract supports the achievement of the objectives of maqashid sharia, especially in the aspect of maintaining assets (ḥifẓ al-māl) as stated in the principle of al-dharuriyyah al-khams.