PERAN MAQASHID SYARIAH DALAM PERLINDUNGAN KONSUMEN FINTECH SYARIAH

KAJIAN PADA PRINSIP HIFZ AL-MAL DAN HIFZ AL-NAFS

Abstract

This study examines the role of maqashid al-shariah, particularly the principles of hifz al-mal (protection of wealth) and hifz al-nafs (protection of life), in safeguarding consumers of Islamic financial technology (fintech sharia) in Indonesia. The research is motivated by the rapid growth of fintech sharia, which offers fast financial access in accordance with Islamic principles, yet faces serious challenges such as data breaches, unethical debt collection practices, and weak regulatory frameworks. This qualitative study employs a library research approach, analyzing relevant literature, fatwas, and existing regulations. The findings indicate that hifz al-mal requires robust system security, transparent contractual terms, and sharia compliance to prevent loss of assets or misuse of consumer data. Meanwhile, hifz al-nafs calls for the avoidance of debt collection practices that undermine dignity or cause psychological distress, as well as the provision of restructuring mechanisms for consumers facing genuine financial difficulties. The analysis also highlights the necessity of synergy between OJK regulations, DSN-MUI fatwas, and ethical commitment from industry players to ensure full implementation of maqashid al-shariah. The study concludes that consistent application of hifz al-mal and hifz al-nafscan establish a fair, safe, and sustainable fintech sharia ecosystem, thereby strengthening public trust. Recommendations emphasize regulatory enhancement, industry education, and continuous sharia supervision to ensure comprehensive consumer protection.