Case Study: A CONTROVERSIAL ISSUE ON INTEREST OF PTPTN|
Dr Muhammad Ridhwan Bin Ab. Aziz|
Mr. Azman Bin Kusnan was just finished his meeting at school when suddenly, he was thinking about an incident happened to him many years ago. He was unable to forget the bad incident until now. This incident happened when he and his families went travelled to abroad. At 3.55 pm on 11 November 2010, he and his families were boarding through LCCT airport when he was suddenly got arrested by immigration staff. Then, he felt very regret on the incident.
Regarding ujrah on kafalah, it is a compensation or service charge, or contract of agency in which one person appoints someone else to perform task on his or her behalf, usually conducted against a certain fee. The majority of past Islamic jurists were of the view that the charging of fees on kafalah is not permissible. This view is based on the argument that a kafalah contract falls under ‘uqud tabarru’ at which is voluntary and benevolent in nature. Hence, no fee is to be charged. Nevertheless, Wahbah Al-Zuhaili viewed that charge of ujrah on kafalah is permissible based on maslahah and current society’s needs.
Syeikh Ahmad Ali Abdullah of the viewed that when there is condition that the kafalah bears a fee, the contract is considered valid. He also emphasized that kafalah contract is not a qardh. He supported his view with qiyas, referring to fees that are permissible to be collected on utilizing someone’s reputation and also on performing incantation using Quranic verses. Some of the past jurists allowed both situations and can be used as fees.
FAMILY AND EDUCATION BACKGROUND
Mr. Azman bin Kusnan was married to Mrs. Rozita, a teacher at Sekolah Rendah Kebun Baru Telok Panglima Garang, Selangor. The 4 years of marriage was furnished with two children girl and boy aged between 3 to 4 years old. He received a degree in sports education from University Technolgy Malaysia Shah Alam in 2000. Then, he worked as ticket assistant for check in at KLIA counter for two years. After that, he worked as teacher at Sekolah Rendah Kebun Baru Telok Panglima Garang, Selangor for seven years before he and wife decided further study at master’s level. In 2012, he received his master in Education also from the University Putra Malaysia.
Mr. Azman was very bad in spending his money. Since, his wife take part of responsibility for the family expenses, most of his salary paid for housing loan, car financing, vacation, buying luxuries goods for the family. He also cannot managed his financial commitments wisely compared to his wife, who did a lot of savings as personal planning if anything bad happen to her families. When he got the bad incident, he already realized that his must settle down the debt.
Nowadays, the National Higher education Fund Corporation (PTPTN) will extend the offer to convert PTPTN loans into Islamic financing system known as “ujrah” to blacklisted borrowers. The ujrah system, introduced in 2008, offered a service charge of only one percent based on shariah to reduce the burden on borrowers. Prior to this, the offer was only open to borrowers who made consistent repayments of their loans.
From the news at the internet, about the blacklist borrower of PTPTN related with the case. The news was written as follows: PTPTN blacklists borrowers served with letters of demand
TEMERLOH: The National Higher Education Fund Corporation (PTPTN) will blacklist only loan borrowers who are summoned by the court and served with a Letter of Demand (LOD). PTPTN chairman Datuk Ismail Mohamad Said said Monday that under Section 22A of the PTPTN Act 1987 or Act 556, blacklisted defaulters could be banned from leaving the country. He said PTPTN loan borrowers would only be blacklisted if they continued to ignore repeated warnings. Ismail, who is also Member of Parliament for Kuala Krau, said that from August 2008 until...