Analisis Hukum Fikih Muamalat Terhadap Praktik Jual Beli Online Di Marketplace

Abstract

The development of information technology has given rise to online buying and selling practices through marketplaces, which offer transactional convenience without requiring sellers and buyers to meet in person. However, this practice raises several issues, such as discrepancies between goods and their descriptions, delivery delays, and return mechanisms, which relate closely to the principles of honesty, clarity of the contract's object, the right of khiyar, and mutual consent between parties. This study aims to analyze the practice of online buying and selling in marketplaces and its conformity with the pillars, conditions, and principles of Islamic commercial jurisprudence (fiqh muamalat). The research employs a normative legal method with conceptual and statutory approaches, using library research on fiqh muamalat literature, scholarly journals, and DSN-MUI fatwas, analyzed qualitatively. The findings indicate that online buying and selling is, in principle, permissible in Islam as long as the pillars and conditions of sale are fulfilled: the presence of a seller and buyer, a clear and lawful object, an agreed price, and a contract realized through electronic actions. The principles of mutual consent, honesty, fairness, clarity, and public benefit form the main foundation, while transactions must be free from usury (riba), excessive uncertainty (gharar), gambling (maisir), and fraud (tadlis). The concept of khiyar, particularly khiyar 'aib, plays an important role in protecting the buyer's rights when a defect is found in the goods. This study concludes that online buying and selling practices in marketplaces are in accordance with fiqh muamalat when conducted transparently and supported by a marketplace system that is fair to all parties.