Nurmu’izzatin Zaharatul Parhi
UIN Sunan Kalijaga Yogyakarta

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Analisis Kepatuhan Akad Baku Peer to Peer Lending Syariah terhadap Fatwa DSN MUI Nomor 117 DSN-MUI/II/2018 (Studi Kasus pada PT. Qazwa Mitra Hasanah) Muh Rizwan Azzahidi; Nurmu’izzatin Zaharatul Parhi
MANAZHIM Vol 5 No 1 (2023): FEBRUARI
Publisher : Manajemen Pendidikan Islam STIT Palapa Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36088/manazhim.v5i1.2723

Abstract

The purpose of this study is to understand the synchronization of the standard contracts contained in Qazwa.id with Islamic law and to find out how the legal protection for financiers is in the standard contracts made by Qazwa. This research uses the literature study method with DSN-MUI fatwa data sources, laws, POJK and articles that are relevant to this research. The results of this study are that overall Qazwa's standard contracts and the general terms and conditions that apply to Qazwa are in accordance with DSN MUI Fatwa Number 117 of 2018 concerning Information Technology-Based Financing Services Based on sharia principles. Legal protection for consumers in the early stages or before the contract takes place, consumers will receive education about platform, information and product transparency services. Qazwa also provides online customer service that responds swiftly to questions and complaints from potential lenders. Therefore, the form of legal protection for consumers in the early stages before the contract has been implemented and implemented optimally by the organizers.
Towards Sharia E-Commerce Regulation: Analysis of Gharar and Consumer Protection in Indonesia Ahdiyatul Hidayah; Nurmu’izzatin Zaharatul Parhi
Saqifah: Jurnal Hukum Ekonomi Syariah Vol 10, No 1 (2025): Saqifah:Jurnal Hukum Ekonomi Syariah
Publisher : Saqifah: Jurnal Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/sqf.v10i1.707

Abstract

The development of digital technology has changed the pattern of conventional transactions to be online-based through e-commerce. Although it offers convenience and efficiency, e-commerce transactions also have potential legal problems, especially related to the unclear product information, payment methods, and delivery systems, which lead to gharar elements. In sharia economic law, gharar is seen as a prohibited uncertainty because it has the potential to harm one party and injure the principle of justice in the contract. This research aims to examine the concept of gharar in the context of digital transactions and examine consumer protection mechanisms according to the perspective of sharia economic law. The method used is normative legal research with a qualitative approach through literature studies on classical and contemporary fiqh books, national regulations, and relevant fatwas. The results of the study show that e-commerce is prone to contain elements of gharar, both explicitly and implicitly. Therefore, consumer protection is needed that is not only based on positive law, but also integrates sharia principles such as honesty (sidq), clarity of contract (ablution al-'aqd), and trust. This study recommends the need for special regulations on sharia e-commerce and increasing digital muamalah literacy for the Muslim community.