Analisis Hukum Akad Syariah terhadap Pemanfaatan Data Pribadi Nasabah pada Layanan Keuangan Digital Berbasis Syariah

Abstract

Abstract

The development of sharia-based digital financial services in Indonesia has transformed the legal relationship between service providers and customers, particularly in the management and utilization of personal data. Personal data no longer functions merely as an administrative instrument but has become an economic asset used in various digital financial business activities. This condition raises normative issues regarding the legality of personal data utilization from the perspective of sharia contract law, especially in relation to the principles of consent (tarāḍin), clarity of the contract object, and the prohibition of gharar. This study aims to analyze the utilization of customers’ personal data in sharia-based digital financial services from the perspective of sharia contract law and the maqāṣid al-sharī‘ah approach. The research employs a normative juridical method with conceptual and statutory approaches. The findings indicate that the utilization of personal data based solely on standard clauses and formal consent has the potential to undermine the substantive application of the principle of tarāḍin. Moreover, the regulation of personal data within sharia digital financial contracts has not yet been fully integrated with the principles of customer rights protection and the objectives of Islamic law. This study concludes that personal data must be clearly positioned within the structure of sharia contracts as a protected benefit and managed based on the principles of justice and public interest (maṣlaḥah). The integration of personal data protection regulations and maqāṣid al-sharī‘ah is therefore a crucial prerequisite for the development of just and sustainable sharia-based digital financial services.

Keywords: Sharia Contract, Personal Data, Sharia Digital Finance, Tarāḍin, Maqāṣid al-Sharī‘ah