伊斯兰法律评论:网络借贷中的违约与违法行为

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引用次数: 0

摘要

在伊斯兰教中,债务是一种带有帮助(ta'awun)概念的社会习俗。基于信息技术的贷款是一种创新,旨在为消费者提供便利,以贷款资金的形式满足需求。然而,这些网络借贷的存在已经使许多受害者,许多接受贷款的债务人由于违约纠纷和网络借贷中的非法行为而遭受更大的损失。印尼作为穆斯林人口最多的国家,需要从伊斯兰教法的角度来审视这一现象。目标是社会不仅成为好公民,而且成为服从伊斯兰法律规定的穆斯林。这种研究是规范性法律研究,也称为理论法学研究。描述性分析将通过文献研究技术从图书馆资料形式的二手数据提出。研究结果表明,极有可能引发违约纠纷和非法行为的网络贷款是必须消除的“魔咒”。必须审查使向社区提供利益变得容易的原因,因为消除损害必须优先于实现利益
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Islamic Law Review on Default and Unlawful Acts in Online Lending Practices
Debt in Islam is a social observance with the concept of helping (ta'awun). The presence of information technology-based lending is an innovation that aims to provide convenience for consumers to access needs in the form of loan funds. However, the presence of these online lending has taken many victims with many debtors receiving loans experiencing greater losses due to default disputes and unlawful acts in online lending practices. Indonesia as a country with the largest Muslim population needs to review this phenomenon from the point of view of Islamic law. The goal is that the society will not only become good citizens, but also become Muslims who are obedient to the provisions of Islamic law. This research is normative legal research which is also called doctrinal legal research. Descriptive analysis will be presented through literature study techniques from secondary data in the form of library materials. The results of the study show that online loans that have a great potential to cause default disputes and unlawful acts are a madharat that must be eliminated. The reason for making it easy to provide benefits to the community must be reviewed, because eliminating harm must take precedence over achieving benefit
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