The Relevance of the Concept of Ujrah in the Commercialisation of Orthodontic Services by Dentists in Baitussalam Sub-district, Aceh Besar Regency

Abstract

The study aims to examine the standard of fees in orthodontic services, which involves complex, long-term cost characteristics that can create uncertainty about information for patients as healthcare service users based on the principle of fee clarity in Islamic commercial law (fiqh muamalah) and the fulfilment of consumer rights as stipulated in the Consumer Protection Act. This study focuses on answering questions regarding how the practice of setting costs for dental treatment and the fitting of braces in Baitussalam Sub-district operates and to what extent such practices comply with the principle of 'ujrah' in 'ijarah' contracts and consumer protection regulations. The research method employs a legal-empirical approach with a descriptive-analytical study design. Primary data was obtained through interviews with two dentists, one dental nurse, and one patient, whilst secondary data was sourced from fiqh muamalah literature, legislation, and scientific journals. Data collection techniques included interviews, limited observation, and document analysis with qualitative data analysis. The research findings indicate that the setting of orthodontic fees remains variable and is not yet fully transparent, particularly regarding additional costs beyond the initial tariff. This situation has the potential to introduce elements of gharar and does not yet fully satisfy the principle of ridha in the ijarah contract, nor does it fully meet consumers’ right to clear information; therefore, there is a need to strengthen standards of cost transparency and establish a more comprehensive tariff communication system.