Perlindungan Pelaku Usaha pada Transaksi Buy Now Pay Later pada E-Commerce Perspektif Maqoshid Syariah

الملخص

The growth of e-commerce has driven the rapid growth of Buy Now Pay Later (BNPL) services. While facilitating transactions, legal protection is heavily skewed toward consumers, while businesses remain vulnerable to the risk of default, unclear responsibilities, and imbalanced contractual clauses. According to Maqasid Syariah (Islamic Principles), asset protection (Ḥifẓ al-Māl) must be guaranteed for the sake of fair transactions, yet existing practices do not fully fulfill this. This study examines the protection of businesses and its compliance with sharia principles. The study employed , jurical-normative method through analysis of electronic agreement documents, platform policies, POJK regulations, and Islamic economic law literature. Primary data were obtained through direct observation of BNPL mechanisms, while secondary data came from regulations, journals, and articles related to Maqasid Syariah. The results show that while BNPL provides convenience and broad access for consumers, businesses face the risk of default, unclear contractual obligations, and standard clauses that limit protection. Unclear regulations and information gaps further increase the potential for losses, as existing regulations primarily protect consumers. A review of Maqasid Syariah (Islamic Law) emphasizes the importance of the principle of Ḥifẓ al-Māl (lawful provision of equity) for the sake of fairness and security of business assets. It concludes that protection for business actors remains weak; regulatory harmonization, refinement of sharia contracts, equitable risk sharing, and increased understanding of sharia finance are needed to make digital payment systems fairer, clearer, and more sustainable in accordance with sharia objectives.