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The Public Interest Implications (Maslahah) of The OJK's Regulatory Amendments Pertaining To Islamic Peer-To-Peer Lending In Indonesia.

Year: 2024

Type: article

Abstract: This study discusses the regulatory changes concerning Sharia-based peer-to-peer lending, specifically the transition from POJK No. 77 of 2016 to POJK No. 10 of 2022. A significant aspect of this change is the inclusion of several articles that accommodate Sharia-based peer-to-peer lending transactions. These regulatory amendments indicate that the Sharia principles embedded in the regulation promote public welfare (maslahah). Therefore, the author seeks to examine this issue from the perspective of maqasid asy-syari’ah. This research focuses on textual and literature analysis, utilizing a library research method, and adopts a normative approach based on religious norms. The result of this study suggest that, from the perspective of maqasid asy-syari’ah, the changes made by the Financial Services Authority (OJK) to the regulations on peer-to-peer lending foster public welfare, which is evaluated based on the five essential objectives (al-daruriyyat al-khams): the preservation of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal).

Source: Ijtihad Jurnal Hukum dan Ekonomi Islam

DOI: 10.21111/ijtihad.v18i2.12737

Authors: Farhan Zikry, Makhda Intan Sanusi Intan, Ahmad Hasan Basri

Institutions: Sekolah Tinggi Agama Islam Mulia Astuti Wonogiri, Sunan Kalijaga State Islamic University Yogyakarta

Language: English

Topic: Islamic Finance and Banking Studies

Subfield: Accounting

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4412083004

FWCI:

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Related to: 10