Pinjaman Online dan Keabsahannya Menurut Hukum Perjanjian Islam

Abstract

The need for funds or working capital will attract borrowers to use online lending and lending services. Practicality without knowing place and time and being able to use existing platforms makes interest in using these online loan services increasingly widespread. However, whether the agreement contained in the agreement and the nature of the agreement is in accordance with the rules of Islamic contract law. This study uses a qualitative descriptive method and the type of research is library research, which collects data or writings related to Islamic contract law which is library in nature. Qualitative descriptive research is a combination of descriptive and qualitative research. Qualitative descriptive research displays data results according to the original without any manipulation process or other treatment. The conclusion of this study is that online loans which are also called fintech (financial technology) are financial services in the form of loans and their applications use internet network information technology, and where agreements are made without direct meetings between the lender and the loan recipient. The principle of sharia-based lending and borrowing must be guided by the Fatwa of the National Sharia Council. Indonesian Ulama Council No: 117/DSN-MUI/II/2018 concerning Information Technology-Based Financing Services Based on Sharia Principles, in addition to the rules issued by the Financial Services Authority (OJK) as another general guideline. The validity of online loans according to Islamic contract law must meet the specified pillars and conditions, and not use the practice of usury, gambling, obscurity, bribery, and vanity. BASYARNAS is a dispute resolution institution for the field of sharia economics, in addition to the Religious Courts.