E-Commerce Online Buying and Selling Transactions in the Perspective of Islamic Law
Dedi
Institut Agama Islam Tasikmalaya, Indonesia [email protected]
* corresponding author
I. Introduction
Globalization has an impact on developments in various fields and lines. Technological developments are one of the main issues that are still at the center of attention for some time [22].
The issue of technological development is inseparable from the emergence of the internet as one of the media that is very helpful and provides a new reality for humanity so that the internet can lead to many changes in this world [25]. Additionally, the internet has changed distance and time to be unlimited. With the internet, people can do strenuous activities in the real world, but in the virtual world, it is possible and even very easy to do [9].
With the sophistication of telecommunication technology, the world seems not insulated and not far away. All humans seem to be in one room where they can greet each other and carry out activities in cyberspace, including in mu'amalah. The sophistication of the internet has allowed humans to communicate directly, see the other person's image and listen to his voice (Arifana et al., 2022). One can bargain and deal without having to face each other physically. Even the goods offered do not need to be physically present in front of the bidder [1].
The development of communication and information has had an impact on company development. Long-distance commercial transactions are become the norm in today's marketplace [26]. In such a scenario, the seller and purchaser no longer consider the issue of verbal consent, but instead rely on valuable evidence, such as transfer notes, without the need for physical presence [7].
Therefore, if in muamalah fiqh there is a requirement that the transacting parties must be in one assembly, then for a transaction model carried out online like this, the requirement to unite in one assembly is deemed no longer relevant to today's needs where information and communication technology is already essential forward [23].
Likewise, developing systems and marketing strategies for goods traded (marketing). Marketing media which was initially only carried out by meeting each other between sellers and buyers, now
ARTICLE INFO A B S T R A C T
Article history:
Received 02 Jan 2022 Revised 19 March 2022 Accepted 08 June 2022
E-Commerce has created a new phenomenon in modern society's commercial dealings. Due to the novelty of the transaction model, the inheritance law of scholars has not yet been codified in any traditional fiqh text. In light of this fact, scholars must use ijtihad to discover Islamic law. The purpose of this study is to examine e-commerce online buying and selling transactions from an Islamic law standpoint. This study is a literature review using a standard legal research paradigm. It is a research model whose purpose is to establish the connection between legal structures and legal norms or principles.
According to this study's findings about the deployment of online purchasing and selling, consumers chose to purchase things from the seller's website. The customer deposits multiple payments to the seller's account, and the seller provides the consumer the merchandise. The review of Islamic law pertaining to online purchasing and selling is permissible so long as there are no prohibited aspects in Islamic law that prohibit and clash with the idea of muamalah
Copyright © 2017 International Journal of Artificial Intelegence Research.
All rights reserved.
Keywords:
Buying and Selling Online, E-Commerce,
Akad, Islamic Law
E-commerce encompasses the internet market area (net marketplace), occasionally an e-hub that provides a single digital marketplace based on internet technologies for many buyers and sellers [14]. This online marketplace is owned or administered by an independent third party serving as an intermediary between buyers and sellers. Internet market space produces cash by the buying and selling of various services offered to its customers. Participants in the Internet market sector can establish pricing via online negotiations, auctions, quote requests, or pre-set rates [17].
Trading / doing business is one of the highly encouraged activities in Islamic teachings. In one of his hadiths, the Prophet Muhammad stated that nine out of ten doors to sustenance are trading doors.
In other words, this commerce route will open the floodgates to nourishment, allowing Allah's blessings to emerge through it. Buying and selling are permissible (according to QS 2: 275, which in part reads "... even though Allah has permitted buying and selling and bans usury..."), with the proviso that it must be done in accordance with Islamic beliefs. The preceding proposal is intended for offline transactions. Now, what about internet transactions when this age comes to a close? There are a variety of online business categories and subcategories. [19].
The transaction procedure (contract) and the dominant media in the process are what set internet business apart from traditional company [9]. The contract is a fundamental part of every enterprise.
In general, as-salam transactions and al-istishna transactions are examples of how Muslims justify the need for physical exchanges by presenting the object during the transaction or without presenting the object ordered, but with the condition that the nature of the object must be stated concretely, with delivery occurring immediately or within a specified time limit [21]. Delivery of products is postponed in an as-salam transaction, which uses a cash/immediate payment arrangement. In the meantime, al-istishna transactions are a type of transaction with a payment system that is expedited or suspended according to the agreement, and the delivery of products is suspended [10].
Based on the description above, it would be necessary to conduct a thorough analysis using the appropriate legal istinbath method to find answers to the main problems in this study. Indeed, at first glance, this e-commerce transaction has similarities to the salam transaction in fiqh muamalah.
However, after an in-depth study, it turns out that there are also differences between the two types of transactions. Therefore, determining the law of buying and selling online does not need to be confirmed with the law of buying and selling greetings. However, new laws must be explicitly explored for this buying and selling with this modern system, namely buying and selling online.
However, even though the issue of whether the contract must be carried out in one assembly can be annulled, the more critical issue of the online buying and selling phenomenon lies in the legal basis, procedure, and object of the transaction being traded. When viewed in terms of the legal basis in Islam, of course, the arguments that explain both the halal and prohibition of online buying and selling activities will not be found because this is a new problem which at the time of the Prophet and his companions, as well as at the time of the mujtahid scholars selling buy with this online system has not been found. So, like it or not, this problem is included in the problem of ijtihad, which must find a legal basis with various methods of ijtihad such as approaches to the science of ushul fiqh, benefit, and specific and general objectives of Islamic sharia.
II. Methods
The type of research used in this research is normative legal research, which is intended to determine whether there is a legal rule that is following legal norms or whether or not legal action is following legal norms or principles [6]. Normative legal research, commonly referred to as library research, is a type of research that examines documents, using various primary and secondary data such as legislation, court decisions, and legal theories, and can also be in the form of opinions of scholars. Or experts on legal issues [3]. This normative research generally uses qualitative analysis, namely by explaining the data obtained with words or statements, not numbers or statistics. The things studied in this type of research, namely normative legal research, include several main things such as legal principles, legal systematics, legal synchronization levels, legal comparisons, and legal history
III. Result and Discussion
A. E-Commerce Transactions
According to [13], e-commerce is defined as business transactions conducted via the internet and the web and satisfies two conditions: all transactions conducted with digital media technology, particularly those that occur via the internet and the web, and currency fluctuations at the time of delivery. The deal takes place. [11] defines e-commerce as the purchase, sale, transfer, or exchange of items, services, and information via computer networks or the Internet. The quicker transmission of data and information between the parties involved, in this example the vendor and the buyer, is one of the advantages of utilizing internet resources.
In line with several previous opinions, [20] explains that e-commerce is a transaction (muamalah) between buyers (musytari) and sellers (ba-i) without any physical meeting (khiarmajlis) using information technology-based technology equipment and communication. From some of these opinions, it can be obtained several similarities in the characteristics of e-commerce, namely: there is a transaction between two parties, there is an exchange of products (goods and services), and there are media or internet intermediaries in the transaction process.
Based on the elements of e-commerce that have been discussed, e-commerce can be defined as the buying and selling of items (goods or services) via the Internet. According to [5], the power of e- commerce appears to be able to eliminate geophysical barriers because the use of internet media allows e-commerce transactions to occur anywhere and at any time (as long as the internet connection is not interrupted) regardless of time and space constraints.
When conducting e-commerce transactions, consumers can choose the goods they want by using the facilities in the form of a catalog provided by the manufacturer. If the desired goods match, the consumer can place an order online, which will be forwarded to the manufacturer to be packaged and shipped. In this e-commerce system, administrative and accommodation costs can be minimized, so it is not uncommon to find many products with online prices that are cheaper than the prices in the store. Consumers and producers benefit in this case (Kurniawati, 2019). Furthermore, buying and selling transactions using the internet are also faster when viewed in terms of time. Just imagine if we need an item only available in area X, for example, then by using the internet, we can shop or get the item only by transacting via smartphone without having to come to area X (which will automatically save accommodation costs).
There are numerous ways to categorize e-commerce transactions, one of which is by examining the character of the players engaged. Business-to-consumer (B2C), business-to-business (B2B), and consumer-to-consumer (C2C) are the three primary categories of e-commerce (C2C) (Pradana, 2015):
1 The most-discussed type of e-commerce is business-to-consumer (B2C), in which internet enterprises target consumers. B2C includes several categories, such as portals, online retail, content providers, transaction brokers, service providers, and community providers.
2 Enterprises that engage in Business to Business (B2B) e-commerce focus on selling to other businesses. B2B refers to an electronic transaction between two business entities or objects, often known as an intercompany transaction. The transactions use EDI and email to acquire products, services, information, and consulting.
3 Consumer-to-Consumer (C2C) e-commerce facilitates the sale of goods and services between consumers using online marketplaces such as eBay. In C2C e-commerce, customers contribute products to enter the market, list things for sale, and rely on market administrators to build catalogs, search engines, and transaction clarity so that products can be swiftly shown, located, and purchased.
B. Several components in e-commerce are [27].
1 Internet, including the internet, intranets, and extranets. The internet is the foundation of e- commerce and the carrier of commercial business information
2 e-commerce users, including personal and business consumers. Business consumers can consist
3 Authentication Authority: Authentication Authority (CA) is a power recognized by law and is responsible for distributing and publishing digital certificates and facilitating all parties involved in online commerce to get to know each other
4 The distribution center is the party responsible for delivering goods that cannot be delivered online to consumers to maintain a good flow
5 Online banking provides sellers and buyers with traditional banking businesses such as settlement and turnaround services
6 Administration of commercial activities, including industry, custom, tax, and commerce departments.
C. E-Commerce Transactions in the Perspective of Islamic Law
For online transactions to count as legitimate purchases and sales, all the usual requirements for such dealings must be met. As with any other type of transaction, the validity of an online one depends on whether or not the requisite conditions and pillars are in place. Electronic contracts vary from traditional face-to-face agreements. In most cases, parties to an electronic transaction will agree to its terms in writing (through E-mail, SMS, BBM, or some other messaging service) orally (by telephone) or visually (via teleconference).
Generally, bids and contracts in electronic transactions are made in writing, where an item is displayed on the internet with a particular price tag. Then for consumers or buyers who want to transfer money according to the price and shipping costs. A contract with signs alone can be valid, especially using more straightforward writing, pictures, and illustrations. Signs in the contract have legal force, as explained orally.
An agreement is formed when a seller posts an order form on their website in exchange for payment, and qabul occurs when a buyer sends the seller a completed order form. The goods can only be seen in images, and the specifications are clearly and extensively defined, including explanations that can affect the selling price of the goods. Following qabul approval, the seller will request that the purchaser wire funds to the seller's bank account. The goods are shipped out through courier or freight forwarder once the new vendor has received payment. So, in transactions like this (online buying and selling), the majority of Ulama justify it as long as there is no element of gharar or ambiguity by providing specifications in the form of photos, types, colors, shapes, models, and those that affect the price of goods [18].
Suppose the owner of the site/website is a person who is not the owner of the goods but has made an agreement with the owner of the goods so that he is entrusted with selling the goods by getting a percentage commission that has been mutually agreed upon. In that case, this too is allowed because, essentially, the legal representative is the same as the owner of the goods. As narrated by Jabir Bin Abdullah r.a. he said, "I was about to go to Khaibar, then I went to the Messenger of Allah, I greeted him while saying that I was going to Khaibar, then the Prophet Muhammad said, "When you visit my representative in Khaibar take from him 15 was Dates, ask for proof (that you are my representative) then put your hand on the bone below his neck "(HR Abu Daud. According to Ibn Hajar this hadith is Hasan).
In this situation, a buyer contacts the seller of the products by sending the actual application without making a sale and purchase contract and merely confirming the presence of the commodities; after confirming the existence of the goods, the seller requests that the buyer transfer the funds to his account. After receiving the payment, he purchased the item and shipped it to the buyer. In this situation, a buyer contacts the seller of the products by sending the actual application without making a sale and purchase contract and merely confirming the presence of the commodities; after confirming the existence of the goods, the seller requests that the buyer transfer the funds to his account. After receiving the payment, he purchased the item and shipped it to the buyer. The Prophet of Allah responded, "Do not sell anything you do not possess." (As told by Abu Dawud).
In order for online buying and selling like this to be legal, the site owner can take the following steps:
1 Notify every prospective buyer that the provision of an application for goods does not mean an agreement from the seller (site owner)
2 After the prospective buyer fills out the application and sends it, the site owner may not immediately enter into a sale and purchase agreement but must first purchase the goods from the actual owner and receive the goods. Then he only answered the buyer's request and asked him to transfer the money to his account, and then the goods were sent to the buyer with a guarantee that the goods followed the drawings and specifications. To avoid losses due to buyers via online buying and selling withdrawing their wishes or canceling the sale and purchase, the site owner agrees that during the waiting period (3 days), he has the right to return the goods to the actual owner of the goods.
In Islam, providing a legal basis is required to be more apparent. Therefore Islam attaches a legal basis to the Qur'an, al-Hadith, or Ijma'. It is necessary to know beforehand regarding this transaction, specifically in the Qur'an, that nothing that has been used as a legal basis is a global sale and purchase transaction because bay 'salam is one of the particular forms of buying and selling. So the Prophet's hadiths and the scholars' consensus explain it a lot. Of course, the Qur'an, which talks about globally, already includes the permissibility of buying and selling salam contracts. Salam contract is an order contract by paying first, and the goods are delivered later, but the characteristics of the goods must be precise. Thinkers express many more opinions on this issue, such as al- Qurthuby, An-Nawawi, and Malikiyah scholars, as well as others who contributed to their thoughts on this issue. However, because their opinion is almost the same as the opinion expressed above, then the author thinks that the opinion above is sufficient to represent it.
According to [25], the basic principle in muamalah transactions and the requirements associated with them is that it is permissible as long as it is not prohibited by shari'ah or contradicts the dalil or qath'i texts. Therefore, the law of online transactions or e-commerce is allowed based on the principle of maslahah because of the increasing human needs and technological advances that should be used to improve living standards through online buying and selling. Because it is undeniable that any system made by humans is not free from weaknesses; however, as long as the system is still relatively safe and supported by security measures, it can be tolerated because of the benefit. What is more critical in Wahbah Zuhaili's view is that the sale and purchase must be legal according to the terms and pillars set by the fiqh scholars. If this is not the case, the sale and purchase that is damaged or canceled will hinder ownership because the prohibition can prevent ownership resulting from buying and selling that is not following sharia guidelines. Apart from that, when viewed from the implementation mechanism, e-commerce transactions are included in the forms of transactions that are allowed.
Sheikh Muhammad Bakhit al-Muthi'i justifies buying and selling online for the following reasons: (1) Based on the opinion of many scholars in the past, which stated the validity of transactions made via correspondence and if the ijab (first party statement) was valid after the letter arrived the second party. Similarly, considering the validity of transactions by shouting. (2) What is required in Syafi'i fiqh, such as the unity of the transaction assembly, according to him, is the existence of a time when the two people who entered into the transaction carried out an accurate and uninterrupted transaction. So two people do not need to transact in one place.
Majma 'Fiqhi Islami, in its sixth congress in Jeddah, also stipulates that conducting transactions with modern means of communication is permissible. The conditions set by Majma Fiqhi that must be met so that buying and selling online is valid are as follows:
1 There is a need for clarity about the parties to the transaction. This is intended so that there is no misunderstanding, confusion, and falsification from one party or perhaps also from a third party.
2 It can be ascertained that the intended person is indeed using the tools. So that all the words and statements come from the desired person.
3 The party who issues or pronounces the consent (the first party, the seller, or the like) does not cancel the transaction before the qabul arrives from the second party. This provision applies to tools that require a pause for qabul to arrive.
4 The online transaction does not cause a delay in the delivery of one of the two currencies
two currencies exchanged have both been submitted before the transaction assembly ends.
Likewise, it does not cause a delay in the delivery of capital in a salam transaction because, in a salam transaction, it is required that the capital must be delivered immediately. This is to avoid losses that may arise at any time due to changes in market prices or changes in the exchange rate of a currency
IV. Conclusion
E-commerce transactions conducted via the Internet without direct face-to-face interaction between vendors and customers present various difficulties for Muslims, particularly about the contract's fitness and legitimacy from the perspective of Islamic law. Buying and selling online, often known as E-commerce, is a legally binding transaction conducted through the internet between the seller as the party selling the products and the buyer as the person paying for the goods. Online purchasing and selling is a method of online purchasing and selling. In this instance, there is no direct contact between the seller and the buyer because all transactions are conducted through a network using online-enabled communication equipment such as computers, mobile phones, etc.
According to Islam, online transactions are permissible so long as they do not contain damaging components, such as usury, tyranny, fraud, or cheating, and satisfy the pillars and requirements of buying and selling. Online transactions are permitted under Islamic law based on the same rules that govern Islamic commerce, which are extremely similar to the notion of as-salam transactions, with the exception of goods and services that are prohibited from being traded under Islamic law. If the legal principles, terms, and pillars of buying and selling do not clash with Islamic law, contemporary scholars and fatwa organizations in many nations permit the use of an online system for buying and selling. Muhammad Bakhit al-Muthi'i
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