Misuse Of Personal Data In Illegal Peer-To-Peer Lending From The Perspective Of Maqāṣid Al-Sharī‘Ah

Abstract

Abstract: This study examines illegal fintech and threats to personal data, which are crucial issues. The lack of public literacy, the widespread promotion of illegal fintech, and inadequate fintech regulations are the causes of the high number of illegal fintechs in Indonesia. This phenomenon is important to discuss, given the increasing number of personal data leaks resulting from the use of illegal fintech services. The purpose of this study is to analyze the threat of illegal fintech to the dissemination of customer personal data and to explain the risks using maqāṣid syarī’ah analysis. The methods used in this study include qualitative analysis of social media data and online news. The study analyzes the themes and identifies key patterns. The results of this study indicate that the threat to personal data in illegal fintech activities presents various problems and serves as a target for crimes such as fraud and extortion. From the perspective of maqāṣid syarī’ah , pressure on customers through threats can encourage them to commit sins (ḥifẓ al-dīn), and psychological pressure through threats can undermine mutual respect between humans (ḥifẓ al-nafs). The dissemination of personal data can result in the customer's family and descendants becoming targets of debt collection, leading to household disputes (ḥifẓ al-nasl). This is due to borrowing decisions that do not prioritize transparency (ḥifẓ al-‘aql), such as very high or compound interest (ḥifẓ al-māl).

Keywords: Illegal Fintech; Personal Data Threats; Maqāṣid syarī’ah