TINJAUAN HUKUM ISLAM TERHADAP PINJAMAN ONLINE

STUDI TERHADAP PERLINDUNGAN NASABAH DAN IMPLIKASI HUKUM

Abstract

This study aims to review online lending practices from an Islamic law perspective, focusing on customer protection aspects and their legal implications. The rise of online lending has made it easier for people to access funds quickly, but on the other hand, it has given rise to various legal issues such as high interest rates or lending costs, low transparency in agreements, and weak customer protection. In Islamic law, lending practices (qardh) should be based on the principle of mutual assistance (ta‘awun) and avoid practices of usury, gharar, or exploitation that harm either party. The research method used is a literature study analysing literature related to Islamic law, fintech regulations, and consumer protection. The results of the study show that most existing online lending practices are not fully compliant with sharia principles because they contain elements of usury and unclear contracts. The legal implication is the need for stricter regulations in the supervision of online lending to comply with sharia maqashid, namely protecting property (hifz al-mal) and the interests of society. This research is expected to contribute to the development of fairer and more ethical Sharia fintech regulations.