JURIDICAL REVIEW OF ONLINE LOANS IN ISLAMIC LAW

Abdul, Rokhim (2023) JURIDICAL REVIEW OF ONLINE LOANS IN ISLAMIC LAW. GPH-International Journal of Social Science and Humanities Research, 6 (11). pp. 25-388. ISSN 2795-3248

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Abstract

These technological advances have brought convenience to the public, online loans have become a business trend this century and are seen as more effective, faster, and easier than loans made between parties by meeting in person to carry out debt and receivable transactions. On the other hand, whether online lending practices are by Islamic law or not. This has become a legal issue regarding the law enforcement process that is taking place in Indonesia regarding the rise of illegal online loans. Debts and receivables are one of the muamalah activities that are based on helping fellow humans, so Muslims are allowed to do this if they fulfill the debts and receivables agreement correctly. The research aims to analyze the juridical review of the legality of online loans in Islamic law as well as the legal consequences for debtors if they default in the implementation of online loans. This research is empirical normative legal research or library legal research and empirical juridical research, namely using rules in existing laws and regulations and research carried out by collecting data directly in the field from competent parties related to the object under study. The research results show that based on the DSN MUI Fatwa Number 117/DSN-MUI/IX/2018 concerning sharia principles information technology-based financing services it explains in terms of provisions related to general guidelines for information technology-based financing services based on sharia principles; and If the debtor voluntarily declares that he is in default, then the implementation of all the consequences of the default specified in the agreement can be carried out voluntarily. One form of binding agreement between a creditor (lender) and a debtor (loan recipient) is a loan and borrowing agreement.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Prodi Studi Hukum
Depositing User: Unnamed user with email effendi@untag-smd.ac.id
Date Deposited: 19 Dec 2023 02:07
Last Modified: 21 Dec 2023 00:56
URI: http://repository.untag-smd.ac.id/id/eprint/429

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