STUDI KRITIK ATAS PERNYATAAN HARAM PADA HUKUM DISKON DOMPET DIGITAL

LADY AVISHA, S.H., NIM. 19203010003 (2022) STUDI KRITIK ATAS PERNYATAAN HARAM PADA HUKUM DISKON DOMPET DIGITAL. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

E-wallet (electronic wallet) is a tool to accommodate funds in the form of an application on smartphone, which can be used to make online payments. E-wallet provide various advantages, such as discounts, cashback, free shipping, Etc. Discounts given by e-wallet publishers to users can bring benefits to users because by using these discounts, users can save on their shopping budget. However, the legal legality of discounting digital wallets still requires explanation. Because there are currently many opinions stating that the law on discounting e-wallet is haram, assuming the essence of e-wallet is debt (qord}), so that the discount given by the issuer to users is the provision of benefits on qord}, therefore it's illegal. The purpose of this study is to criticize the illegitimate statement on the law of discounting e-wallet with Islamic legal theory. Because ewallet discounts are a new thing in the development of electronic transactions in Indonesia. This research is a type of qualitative research with a library research approach, namely collecting data through a literature study of the literature related to the problems discussed in this study. These literatures are the quran, hadith, books of fiqh both classical and contemporary, DSN MUI fatwas, bank Indonesia regulations, various books, journals, updated scientific articles, and trusted websites. Data analysis was carried out using a descriptive analysis method, namely analyzing data on haram statements on the law of e-wallet discounts in a systematic, factual and precise manner using Islamic legal theory to get the final conclusion. In the process of analyzing data using an inductive mindset, namely a way of thinking taken from specially made statements and drawing general conclusions. The results of this study indicate that the unlawful statement of the e-wallet discount law is not in accordance with Islamic law because the e-wallet discount law is halal. the contract in the e-wallet is the qord contract, but the wadi'ah yad damanah contract. Discounts on e-wallet are determined by the benefits of qord} but 'ataya from wadi'ah yad damanah contracts. Discounts on e-wallet are in accordance with Islamic law and in line with maqasid syari’ah.

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