The development of technology is now increasingly sophisticated and intensive to increase progress in each country, especially in Indonesia. Because this technology really supports development, both in terms of economics, infrastructure and other transactions related to technology. The sophistication of the world of technology has a significant impact on life, this is currently having a very big impact on the world of economic development, especially, for example e-commerce.
Triton (2006: 16) says “e-commerce is electronic commerce in which a form of trade transaction, whether buyers or sellers carry out transactions via electronic internet”. Online buying and selling is an agreement in which almost all traders or sellers carry out these transactions. Talking about online buying and selling, people carry out this transaction because it can reduce the burden on the sellers’ energy. This is different from sellers in public markets, they are overwhelmed in marketing or selling the goods they have provided, because the majority of sellers use this online contract. And now almost all corners of the world apply this online buying and selling contract, because it is easy, simple, and certainly more efficient than selling goods in public market.
The fiqh view regarding E-commerce or online buying and selling is legal as long as it does not depart from the principles of sharia, as in our country, Indonesia, which has been issued a fatwa by the MUI (Majelis Ulama Indonesia (Indonesian Ulema Council)) regarding online buying and selling, fatwa DSN-MUI No. 146/DSN-MUI/XII/2021, which states that online buying and selling can be done on condition that it follows sharia principles which cover important aspects of buying and selling.
In all aspects of online buying and selling with E-commerce from a fiqh perspective, it must be appropriate. Firstly, there must be both parties who agree and are mutually pleased, willing and sensible. When the person making the contract is a small child, they must be represented by their parents. Secondly, the object of the transaction (goods or services) being bought and sold must be halal, good and clear in specifications, and there must be no haram elements, such as usury, fraud or gambling. Thirdly, there must be elements of haram, such as usury, fraud or gambling. Ijab kobul in the contract. In online buying and selling, the agreement is usually made in writing via electronic media. Like the offer contained in E-commerce from the seller on the website, it has become part of the agreement. Meanwhile, the ijab – qobul that we have done on the Online Shop Platform, which has been stated in the purchase of the goods or services offered, for example through the “order has been received” feature in the application, has entered the realm of ijab and qobul.
In online sales or trading, in offering goods or services to customers, there must be no actions that are outside the realm of sharia, including tadlis (inappropriate description of goods), najsy (exaggeration in explaining the advantages of goods and false testimonials. Offers of goods or services in online buying and selling contracts must be explained according to the condition of the goods clearly, both in price, costs, shipping costs and estimated time of delivery of goods. Payment in this online buying and selling contract can be made in cash. (COD) or via digital or transfer, as long as there is no element of usury. then, delivery can be done after payment is received by the seller if payment is via digital.
In addition, E-commerce makes it very easy to process transactions without having to meet in person, so it is more efficient and makes it easier for us to sell or buy goods. There are also challenges for us and it is still a problem in online buying and selling contracts when there is an element of fraud, meaning that there is an unclear description of the goods being traded, especially if the goods are still not available (pre-order).
In conclusion, selling online goods from a fiqh perspective is considered legal as long as it follows sharia principles, as explained. Thus, e-commerce in Islam is not prohibited, as long as all sharia business principles and ethics are maintained.
