ANALISIS PRINSIP LARANGAN GHARAR DAN IMPLEMENTASINYA DALAM JUAL BELI ONLINE MENURUT PERSPEKTIF HUKUM EKONOMI ISLAM

Abstract

The rapid development of digital technology has brought about a significant transformation in economic activities, particulary throught the emergence of various online shopping methods that offer convenience, speed, flexibility for consumers. However, these benefits also introduce the potential for uncertainty (gharar), which may harm one of the parties involved in the transaction. This study aims to examine the implementation of the principle of gharar prohibition in three types of online transaction: marketplace, social comerce, and pre-order (PO) systems. The methodology employed in this research in qualitative, using a libarary research approach that draws on academic journals and DSN-MUI fatwas as contemporery normative references. The findings indicate that marketplaces tend to minimize gharar due to product descriptions, customer reviews, return policies, and escrow systems, although issues such as product mismatch and delivery delays still occur. In social commerce, the risk of gharar is significantly higher due to the lack of customer protection and the frequent occurrence of fraud resulting from direct payments to sellers. Meanwhile, in pre-order systems, uncertainly regarding production time, delivery schedules, and product spesifications makes this model susceptible highlights the importance of clear contractual agreements, transparency of information, and consumer protection to ensure that online buying and selling transactions align with Islamic prinsiples.