Tinjauan Fiqh Muamalah tentang Wadi‘ah : Antara Amanah dan Tanggung Jawab

Abstract

The purpose of this research is to examine various aspects related to the wadī‘ah contract, including its 
definition and legal basis, pillars and conditions, types, as well as the concept of trust (amanah) and 
responsibility (dhamanah) in Islamic law, and its relevance to current sharia finance practices. This 
research uses a descriptive qualitative approach with a normative library research method to analyze the 
wadī‘ah contract. The results show that first, etymologically, wadī‘ah means deposit or trust (amanah). 
Terminologically, it is a fund deposit contract between the fund owner (muwaddi‘) and the entrusted 
party (wadii’ or mustawda‘) who is trusted to safeguard the funds. Second, the legal basis of wadī‘ah is 
found in the Qur'an (e.g., Q.S An-Nisa: 58, Al-Baqarah: 283) , the Hadith , and the Ijma' (consensus) of 
scholars who agree that wadī‘ah is permissible and is considered a recommended act of worship 
(sunnah). Third, the pillars (rukun) of wadī‘ah according to the majority of scholars (jumhur ulama) are 
divided into 4, namely: Muwaddi‘ (the depositor) , Wadii’ (the entrusted party) , wadi'ah (the deposited 
item) , and the sighat of deposit (offer and acceptance, ijab and qabul). Fourth, wadī‘ah consists of two 
main types: Wadi'ah Yad al-Amanah (the entrusted party is not responsible for loss except in cases of 
negligence or carelessness) and Wadi'ah Yad al-Dhamanah (the entrusted party may use the asset and 
is fully responsible for all loss or damage). The change from Wadi'ah Amanah to Dhamanah can occur 
if the entrusted party fails to maintain the deposit , violates the agreed procedures for maintaining the 
deposit , deposits it with another person without permission , or uses the deposited item without 
permission. Fifth, the concept of Amanah (Trust) is an essential ethical value and the foundation of 
interaction in wadī‘ah, which demands the entrusted party to safeguard the assets and not abuse the trust. 
Its relevance to sharia banking is that Wadi’ah Yad al-Amanah is applied to safe deposit box services , 
while Wadi’ah Yad al-Dhamanah is applied to current accounts (giro) and savings (tabungan) products 
, where the bank may utilize the funds and may voluntarily provide a bonus without a prior promise