Analysis of The Concept of Ji’alah in Determining Success Fees For Civil Lawyers: Case Study of Lawyers in Banda Aceh

Abstract

The practice of setting success fees for civil law attorneys in Banda Aceh often sparks debate, particularly regarding its compatibility with professional ethics and Islamic economic principles. This study aims to analyse this practice from an Islamic law perspective, using the concept of ji’alah as a theoretical framework. Using a normative-empirical approach, this descriptive-analytical study collected data through interviews and documentary studies. The results show that solicitors in Banda Aceh systematically set success fees, with compensation generally ranging from 10% to 25% of the value of the assets recovered. The main findings show that this practice substantially reflects the elements of ji’alah, including an agreement at the outset and the provision of compensation based on the success of the work. Furthermore, this practice is considered to be in accordance with the principles of muamalah, including justice (‘adl), willingness (tarādhī), and the prohibition of gharar, because compensation is only given if the work is successful.