Article ETHIS
Agreements Used in Sharia P2P Fintech Practices
Published on 4 Dec 2023
Admin Relations
The rapid growth of Sharia peer-to-peer Fintech or Sharia P2P Fintech is inseparable from its various advantages. This product is suitable for most Indonesians who are Muslims because it has legal certainty in Sharia or Islamic religion.
Although many investment platforms claim that their products are sharia-based, you as a Muslim investor need to pay attention to whether the transaction elements or contracts contain practices that are against religion or not.
Fortunately, Sharia P2P fintech is not against religious rules and can be the right choice for Muslims because it avoids usury, gharar (uncertainty), maysir (gambling), tadlis (fraud) and dharar (harm). With the clarity that P2P investment products are sharia, Muslims who choose Islamic financial products can use these facilities calmly without fear of practices that are prohibited by religion.
Islamic provisions governing transactions between several parties are quite numerous. Likewise, in the contracts applied in Islamic P2P, several alternatives can be used, including:
Is a sale and purchase contract used to transfer or exchange ownership of goods and prices whose purchases use money from Islamic P2P. With this clear form of sale and purchase contract, you as a Muslim investor can invest with peace of mind and comfort.
Is a contract used to transfer the right to use goods or services for a certain time using a fee, it can be likened to a lease in this contract with a predetermined price and time. Surely you already understand the form of rental transactions, right? So it's clear if the Sharia P2P platform you choose uses an ijarah contract, your investment is safe according to Sharia provisions.
This is a form of business agreement between Shahibul Maal (Capital Owner) and Mudharib (Fund Provider), where the capital owner provides all the necessary funds and the manager manages the business.
Is a cooperation and agreement of two or more parties to combine capital to carry out a business and then share the profits according to the agreed ratio.
It is the delegation of power by a person as the first party to another person as the second party in matters that are represented in exchange for a fee of a predetermined amount.
Is a contract of lending assets to others with an agreement to return according to a previously agreed time and method.
After getting to know the types of contracts through the description of the previous discussion, you will try googling to find a Sharia P2P Lending fintech platform so that your investment is worth worshiping. To date, there are 7 (seven) Sharia P2P Fintech that are officially licensed and supervised by OJK and DSN-MUI.
Some of these fintech platforms have contracts in the products offered by Sharia provisions as previously explained.
The contracts used in this Sharia peer-to-peer Fintech provide alternatives that can be a choice between the giver and the owner of the capital. These financial transactions do not violate religious provisions, so recipients of financial facilities from Islamic P2P Fintech do not need to worry about developing their business while running it with Sharia values.
PT. ETHIS FINTEK INDONESIA
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Customer Service: support@ethis.co.id
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Notes:
1. Tech-based Islamic Financing service (P2P Financing) is a civil agreement between Funder and Beneficiary, in which all risks are charged to all parties.
2. Payment failure is charged to the Funder, except for fraud case and mismanagement. Beneficiaries are imposed if fraud and mismanagement happens as in Risk Sharing terms based on Islamic Principles. There is no national institution or authority that is responsible to financing risk or payment failure or compensating on any parties including loss, failures, fees or consequences after.
3. The platform with agreement from all respective users (funders and/or beneficiaries) accesses, gains, stores, manages and/or uses users’ personal data (Data Utilization) on or in the objects, electronic devices (including smartphones or cellular phones), hardwares or softwares, electronic documents, applications or electronic systems belong to Users or managed by Users, upon the information of aims, limitations and mechanism of Data Utilization to the Users before the approvals.
4. Funders with limited knowledge on this financing are suggested not to use this service.
5. Beneficiaries are obliged to consider return rates/margin/service fee and other fees according to the ability to repay the financing.
6. Each fraud is recorded electronically in cyberspace and easily recognized by public through social media.
7. Users should read and understand this information before deciding to be a Funder or Beneficiary.
8. Government as in this case is Otoritas Jasa Keuangan (OJK) / Financial Services Authority is not responsible for violation or disobedience of users, Funder and Beneficiary (intentionally or unintentionally) against terms and conditions or agreement or attachment between the platform and Funder and/or Beneficiary.
9. Each transaction and financing activities, funding, financing or enforcement agreement regarding financing between or involves the Platform, Funder, Field Partner and/or Beneficiary should happen through escrow account and virtual account as stated in OJK regulation No. 77/POJK.01/2016 about Tech-Based Financing Services.