E-commerce Transactions in Islam: Fiqh Muamalah on The Validity of Buying and Selling on Digital Platforms

TL;DR

The paper addresses the Sharia compliance of e-commerce transactions on digital platforms in Indonesia, focusing on six prevalent models: dropshipping, BNPL, digital representation (tadlis), algorithmic marketing, halal verification, and pre-order contracts. It employs a Critical Literature Review with normative juridical analysis of Qur'an, Hadith, DSN-MUI Fatwas, and classical/contemporary fiqh to map issues and propose practical solutions. Key findings show that dropshipping and PO contracts are invalid under direct bai' unless reformulated into wakalah bil ujrah or salam/istishna'; conventional BNPL is non-compliant due to riba and gharar unless restructured as sharia-compliant Bay' Muajjal or Qardh with fixed ujrah; tadlis and unverified halal claims violate mutual consent and maqasid; algorithmic dark patterns threaten Maqashid and require Sadd al-Dzari'ah; and halal verification requires system-wide integration with BPJPH SIHALAL. The study contributes by providing an integrated six-issue fiqh muamalah framework and actionable consumer/seller guidelines, aiming to foster a fair, transparent, Sharia-compliant digital economy.

Abstract

The development of the digital economy has established e-commerce platforms as the primary space for commercial transactions for the Muslim community. However, innovations in features and business models on these platforms have gave rise to Sharia issues that cannot be fully explained through conventional Fiqh Muamalah contract frameworks. This research aims to examine the compliance of transaction practices in e-commerce with Sharia principles, particularly in the six most frequently used transaction forms, namely information arbitrage-based dropshipping, Buy Now Pay Later financing schemes, digital representations, algorithmic marketing that encourages consumptive behavior, halal verification, and Pre-Order systems. The research method used is a Critical Literature Review with a normative juridical approach, through the study of arguments from the Qur'an, Hadith, DSN-MUI Fatwas, as well as classical and contemporary fiqh literature. The results show that dropshipping and PO practices are considered invalid if conducted with a direct sale contract (bai') due to the nonfulfillment of the element of possession (qabd) and the presence of high uncertainty (gharar). Both practices can be justified through the restructuring of contracts into wakalah bil ujrah, salam, or istishna'. Conventional BNPL is declared non-compliant with Sharia because it contains riba nasiah and riba qardh. Misleading digital representations and halal claims without valid verification fall into the category of tadlis, while dark patterns based algorithmic marketing contradicts maqashid al-syariah, especially the protection of wealth (hifz al-mal) and intellect (hifz al-'aql). This research emphasizes the need for a comprehensive Sharia audit covering contract legality, algorithmic ethics, and interface design to realize a digital economic ecosystem that is fair, transparent, and in accordance with Islamic Sharia.

Figures (1)

• Figure 1: Flowchart diagram.