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Analisis Hukum Ekonomi Syariah Terhadap Akad Qardh Dan Mekanisme Aplikasi Shopee Paylater
"Goal : This research aims to analyze the practice and compliance of the Shopee
PayLater service with the principles of Sharia economic law Specifically, this
study examines whether the mechanism and contract (akad) used in Shopee
PayLater can be categorized as a valid qardh contract from the perspective of
fiqh muamalah.
Methode : This study employs a qualitative method with a descriptive approach
Data was collected through three techniques: direct observation of the Shopee
PayLater application's mechanism , in-depth interviews with its users , and a
documentation study of relevant journals, books, and fatwas. The collected data
were subsequently analyzed using the interactive model of Miles and Huberman,
which includes the stages of data reduction, data display, and conclusion
drawing.
Fact/Finding : The research reveals three primary findings. Firstly, the
contractual practice (akad) within Shopee PayLater does not fully reflect the
principles of justice (al-adl) and mutual consent (an-taradhin), as the agreement
process is unilateral and rushed, lacking in-depth understanding from the user.
Secondly, the Shopee PayLater transaction substantially contradicts Sharia
economic law principles, as it contains clear elements of riba (usury) through
fixed installment interest and late payment penalties , as well as potential gharar
(uncertainty) regarding the total financial burden to be borne by the user. Thirdly,
the analysis concludes that the Shopee PayLater mechanism cannot be
categorized as a legitimate qardh contract. This is because the fundamental
principle of qardh is a loan without any required compensation, whereas Shopee
PayLater systematically imposes additional profits (interest and service fees), a
practice forbidden in a qardh contract according to fiqh and DSN-MUI Fatwas."
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