Academic Journal of Islamic Studies Institut Agama Islam Negeri (IAIN) Curup.
Indonesia ISSN 2580-3174, .
2580-3190 .
volume 8, number 2, 2023 | page: 350-386 DOI: http://doi.
org/10.
29240/ajis.
Al-Tijarah Madiyyah and Ethical Review in a Transaction Based on the Perspective of Islamic Law 1Abd Majid, 2Mohamad Mahsun, 3Bahrul MaAoani, 4Abdullah Firdaus 1 3 4 Universitas Islam Negeri Sulthan Thaha Jambi.
Indonesia 2Sekolah Tinggi Ilmu Ekonomi Widya Wiwaha.
Indonesia Correspondences: al.
kawakib09@gmail.
Abstract: Al-tijArah MAdiyyah, or what is referred to as the sale between fellow human beings in Islam, is limited by certain laws that are very detailed and vary according to the type of sale.
The development of digital technology in business affects both online and offline transaction activities and creates new behaviors and violations based on Sharia law.
Hence, the objective of this study is to delve further into the traditions and detrimental effects of each type, supplemented with descriptions of specific instances from prior studies.
This study employs a library-based research model that relies on verbal information obtained from textual sources, primarily the Quran.
Hadith, scholar viewpoints, and previous The researcher initiated an investigation into the verses of the Quran and the Hadith, thereafter adhering to the viewpoints of past scholars and uncovering recent instances of Sharia law transgressions based on prior studies on commercial transactions.
This research provided additional references to the concept of Al-tijArah in Islam, which motivated other researchers to investigate specific trade cases and find solutions based on Islamic Sharia clauses.
It also addressed the incomplete definitions of the type Al-TijArah in many previous studies.
This research also serves as a preventative strategy to ensure that every Muslim does not compromise their spiritual well-being in pursuit of worldly advantages in every commercial transaction.
Keywords: Manners.
Al-TijArah MAdiyyah.
Haram.
Transaction 351 | AJIS : Academic Journal of Islamic Studies, vol.
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2, 2023
Introduction Al-TijArah, known as "trade" in English1, is one of the human survival needs.
In Islam.
Al-TijArah is given meticulous consideration.
With the advancement of digital technology in the business industry, various transaction activities like purchasing, saving, loans, social gatherings, banking, and investing have evolved into online transactions.
However, this advancement has also brought about new concerns regarding sophisticated crimes known as cybercrime 2 like trading Instagram followers.
3 Technological advancements also impact the establishment of new social behaviors and a new hierarchy of living needs, enabling every business participant or customer to conduct transactions remotely.
Technological advancements enable users to engage in illegal activities, including new forms of fraud.
4 The advancement of digital technology and the economic crisis both exert significant effects on social transformation.
5 To prevent the occurrence of sharia-based illegal trade solely at the stage of "transaction sentences" .
, as shown in instances of Multi-Level Marketing (MLM) and fraudulent investments,6 with various modes such as Forex 7, stock index8, gold9, crypto10, in addition to being present in other commodities, 1Achmad Lutfi.
AuPenafsiran Ayat-Ayat Ekonomi Dalam Al-QurAoan,Ay Jurnal For Islamic Social Science Holistik .
61Ae86, https://doi.
org/10.
24235/holistik.
2 Noor Rahmad.
AuKajian Hukum Terhadap Tindak Pidana Penipuan Secara Online,Ay Jurnal Hukum Ekonomi Syariah 3, no.
: 103Ae17, https://doi.
org/https://doi.
org/10.
26618/j-hes.
3Nahdiah Nahdiah and Syarif Hidayatullah.
AuAnalisis BaiAo Gharar Terhadap Jual Beli Follower Di Instagram,Ay Al-Mizan Jurnal Hukum Dan Ekonomi Islam 3, no.
: 1Ae130, https://doi.
org/https://doi.
org/10.
33511/almizan.
4Almira Caesar Xaviera.
AuUnsur Penipuan Usaha Ilegal Dalam Skema PiramidaAy .
1Ae23, https://doi.
org/https://doi.
org/10.
32816/paramarta.
5Cahya Wulandari and Sonny Saptoajie Wicaksono.
AuTindak Pidana Perdagangan Orang ( Human Trafficking ) Khususnya Terhadap Perempuan Dan Anak :
Suatu Permasalahan Dan Penanganannya Di Kota Semarang,Ay Yustisia Edisi 90, 2014, 15Ae26, https://doi.
org/https://doi.
org/10.
20961/yustisia.
6I Made Aswin Ksamawantara.
Johannes Ibrahim Kosasih, and I Made Minggu Widyantara.
AuPerlindungan Konsumen Terhadap Penipuan Yang Dilakukan Broker Forex Ilegal,Ay Jurnal Interpretasi Hukum 2, no.
: 281Ae86, https://doi.
org/10.
22225/juinhum.
7Isyma Eka Nurmardani and Abraham Ferry Rosando.
AuPerlindungan Hukum Bagi Konsumen Terhadap Penipuan Yang Dilakukan Oleh Trading Forex,Ay Indonesia Journal of Law and Social-Political Governance 3, no.
: 1780Ae1815, https://doi.
org/https://doi.
org/10.
53363/bureau.
8Sutanto Utomo.
AuPerlindungan Hukum Nasabah Perdagangan Produk Derivatif Index Saham Berdasarkan Undang-Undang Nomor 10 Tahun 2011,Ay Journal Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
352 mabi' .
form of frau.
is also prevalent in the trade of ribawi, as well as in the abhorrent practices of human trafficking, particularly involving children and women11 and other types of trade that are prohibited such as Bai' An-Najsy12.
MukhAdarah13.
Gharar14.
Mulamasah15, and others.
Indeed, numerous corporations are regarded as not having properly adopted Islamic TijArah norms.
This research aims to enhance society's comprehension of lawful commerce in line with Islamic sharia by examining instances of fraud in transactions, usury, and non-compliant ways of payment known as 'Iwad'.
This research also uncovers the diverse trading regulations promulgated by Ulama and Mujtahidn .
he outcomes of Istinb.
Extensive research has been conducted on the term "Al-TijArah" in the Quran, as well as studies specifically examining incidents related to "Al-TijArah".
Conversely, numerous studies have also investigated the various forms of trading.
Prior studies predominantly focused on Islamic principles related to commercial transactions, neglecting to incorporate Locus Penelitian Dan Pengabdian .
647Ae60, https://doi.
org/10.
58344/locus.
9Paramita Prananingtyas.
AuPerlindungan Hukum Terhadap Investor Emas,Ay Masalah-Masalah Hukum .
https://doi.
org/10.
14710/mmh.
10Gonaricha Amelia.
AuPenegakan Hukum Terhadap Pelaku Tindak Pidana Penipuan Investasi Ilegal Uang Kripto Di Perusahaan E-Dinar Coin Cash (EDCCas.
Ditinjau Dari Undang-Undang No.
19 Tahun 2016 Perubahan Atas Undang-Undang No.
11 Tahun 2008,Ay Jurnal Riset Ilmu Hukum 1, no.
: 117Ae23, https://doi.
org/10.
29313/jrih.
11Wulandari and Wicaksono.
AuTindak Pidana Perdagangan Orang ( Human Trafficking ) Khususnya Terhadap Perempuan Dan Anak : Suatu Permasalahan Dan Penanganannya Di Kota Semarang.
Ay 12Ahmad Asy-Syawaf.
AuAn-Najsy Baina Al-Asholah Wal-MuAoashoroh - Dirasah Fiqhiyyah Muqaranah ((Najas.
between Tradition and Modernity Comparative Jurisprudence Stud.
,Ay Jordan Journal of Islamic Studies 17, no.
https://doi.
org/http://hdl.
net/123456789/2079.
13Muhammad Hanafi Mahmud.
AuBaiAo Al-MukhAdarah - DirAsah Fiqhiyyah MuAoAsharah,Ay Al-Azhar University Islamic and Arabic Studies for Women in Damanhour https://jcia.
eg/article_70151_938630b01d7ba3e15d31d14ca81abdfc.
14Nuhbatul Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital,Ay Mukaddimah: Jurnal Studi Islam 7, no.
: 40Ae58, https://doi.
org/10.
14421/mjsi.
15Muchtar Evan Hamzah.
AuMuamalah Terlarang: Maysir Dan Gharar,Ay Jurnal Asy-Syukriyyah .
82Ae100, https://doi.
org/https://doi.
org/10.
36769/asy.
16Destri Budi Nugraheni.
AuAnalisis Yuridis Akad TabarruAo Dan Akad Tijarah Dalam Produk Unit Link Syariah,Ay Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no.
: 215Ae31, https://doi.
org/https://doi.
org/10.
22146/jmh.
353 | AJIS : Academic Journal of Islamic Studies, vol.
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empirical evidence from real-life case studies.
Previous research has demonstrated a limited focus on the theoretical dimensions of Al-tijArah MAdiyyah.
Hence, this study distinguishes itself from prior research by offering a more comprehensive analysis, encompassing additional cases related to Al-tijArah MAdiyyah as examined in the previous research.
Prior research has also neglected to incorporate an analysis of the social protocols associated with the process of purchasing and vending goods.
This study diverges from prior studies in terms of its research objectives.
The primary objective of this study is to investigate the prohibited forms of trading while also seeking to uncover the underlying rationales and justifications for these regulations deemed haram.
There have been many studies on the word Al-TijArah in the Quran, as well as studies that focus on Al-TijArah cases.
Mahmud17.
The user has conducted a study on the notion of Al-TijArah as presented in Tafsir Al-Misbah.
According to the interpretation provided in Al-Misbah, the term Al-TijArah encompasses multiple meanings that are contingent upon the perspectives of the subject, object, and objective of commercial The author's analysis in Tafsir Al-Misbah identifies three distinct manifestations of Al-TijArah, which are delineated as follows:
trade conducted among individuals, trade interactions between Allah and humans, and trade interactions between God, humans, and other Diyaurrahman et al.
have also undertaken similar studies in this field18 and Kusmila, et al.
Faizah20 has also made a study that applies the Muqaran exegesis method in comparing the opinions of Al-Qurtubi and Quraish Shihab.
He found that the difference of opinion between the two lies in how to interpret the word Al-TijArah in the QurAoan.
Al- 17Adilah Mahmud.
AuKonsep At-Tijarah Dalam Tafsir Al-Misbah Karya M.
Quraish Shihab,Ay Jurnal Al-Asas 3, no.
: 87Ae108, https://ejournal.
18Diyaurrahman Diyaurrahman.
Muh Nashirudin, and Asiah Wati.
AuEtika Perniagaan Di Dalam Al-Quran (Analisis Tafsir Ayat Ae Ayat Tijara.
,Ay SYARIKAT : Jurnal Rumpun Ekonomi Syariah .
82Ae92, https://doi.
org/https://doi.
org/10.
25299/syarikat.
19Kusmila Kusmila.
Busra Febriyarni, and Hasep Saputra.
AuTelaah Makna Tijarah Dalam Al-QurAoan,Ay AL-HUDA Journal of QurAoanic Studies 1 .
: 135Ae60, http://studentjournal.
id/index.
php/alhuda/article/view/788.
20Cut Faizah.
AuAt-TijArah (Perdaganga.
Dalam AlQuran (Studi Komparatif Tafsir JAmiAo Li AukAm Alquran Dan Tafsir Al-Mishba.
At-Tijarah (Trad.
In Alquran (Comparative Study of The Tafseer Jami,Ay Jurnal At-Tibyan: Jurnal Ilmu AlqurAoan Dan Tafsir 2 .
: 77Ae95, https://doi.
org/https://doi.
org/10.
32505/at-tibyan.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
354 Qurtuby21 uses a Fiqh scientific approach, while Quraish Syihab does not dominantly use a Fiqh approach.
On the other hand, many studies have also been carried out on the types of trading.
The majority of previous studies talk about forbidden trading, such as Bai' An-Najsy22.
MukhAdarah23.
Gharar24.
Mulamasah 25, and others.
This study takes a stance by offering examples of unlawful trading practices that have proliferated but have not been thoroughly Meanwhile, studies on halal trading frequently focus on the terms of trading harmony, such as research by Muslim et al.
26 Starting with the consideration of collecting types of trading in one short piece of literature, this research attempts to collect all types of forbidden trading activities between human beings in one place with a brief discussion accompanied by a discussion of the practice of trading etiquette as a Muslim, with the hope of contributing to society and scholars by adding to the treasure trove of references.
This study also aims to highlight options to focus on the most recent research subjects to compensate for the deficiencies of past research.
This study employs a qualitative research paradigm, with data drawn from multiple sources 27 which connects trading activity between humans and Islamic literature concerning trade.
As a result, this study must incorporate knowledge from the Quran and Sunah.
28 Al-TijArah, which is discussed in this research, is one of the themes of the many al-MusalahAt al-QurAniyyah mentioned in the Al-QurAn.
29 This type of research data is pure library data,30 which means: research whose data is derived from verbal 21Ab AbdillAh Muuammad bin Aumad bin Ab Bakr Al-Quruby.
Al-JAmi`u LiahkAmi Al-QurAn (Beirut - Lebanon: Al-Resalah Publisher, 2.
22Asy-Syawaf.
AuAn-Najsy Baina Al-Asholah Wal-MuAoashoroh - Dirasah Fiqhiyyah Muqaranah ((Najas.
between Tradition and Modernity Comparative Jurisprudence Stud.
Ay 23 Mahmud.
AuBaiAo Al-MukhAdarah - DirAsah Fiqhiyyah MuAoAsharah.
Ay 24Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital.
Ay 25 Evan Hamzah.
AuMuamalah Terlarang: Maysir Dan Gharar.
Ay 26 Muslim Muslim.
Saveta Choirunnisa, and Diah Dwi Wulandari.
AuPandangan Pengurus Mui Provinsi Lampung Periode 2016-2021 Terhadap BaiAo Al-WafaAo,Ay Asas 13, 1 .
: 44Ae60, https://doi.
org/10.
24042/asas.
27 Abuddin Nata.
Metodologi Studi Islam (Jakarta: Rajawali Pers, 2.
28 Abdul Mustaqim.
Metode Penelitian Al-QurAoan Dan Tafsir (Yogyakarta: Idea Press Yogyakarta, 2.
29 Mustaqim.
30 Nata.
Metodologi Studi Islam.
355 | AJIS : Academic Journal of Islamic Studies, vol.
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information and obtained through written materials, particularly books and standard texts connected to the subject of study.
The data obtained from the literature review comprises primary data in the form of specific verses that directly address al-TijArah, as well as secondary data consisting of supplementary information that aids in the interpretation of the primary data.
This supplementary data is sourced from tafsir books, hadith books, fiqh books, lughah books, and other relevant literature on the subject matter.
The research employed the documentation approach as the data-gathering strategy.
32 In this stage, the author gathered a selection of poems that incorporate the terms al-TijArah, al-bai', and al-syirA', as well as partial word fragments, utilizing the resource Mu'jam KalimAt al-QurAn authored by Mouammad Zaky Mouammad Khisr.
The purpose of this exercise was to subsequently categorize these verses based on their linguistic structure, including the arrangement of words and their derivatives.
Additionally, supplementary data was acquired from several sources of pure Muamalah Fiqh literature and pertinent research studies.
In addition to this, the author additionally gathered supplementary data from a range of previously published research articles.
This research focuses exclusively on the examination of transactional behaviors within the context of At-Tijarah.
The complicated backgrounds of Mabi' and aman, which are relevant but require other research methodologies, are not explored in this study due to their impractical inclusion.
One illustrative instance is the phenomenon of money laundering.
Tania Irwan33 revealed that the perpetrators used a variety of techniques to disguise the origin of the illicit money so that the government or institutions with specific authorities could not find it.
They did this by putting the money into a financial system and then withdrawing it again as halal money.
The topic of money laundering can be covered in the discussion of this research but cannot be discussed specifically or in detail because this research focuses on things that are visible during transactions.
31 A Muri Yusuf.
Metode Penelitian (Jakarta: Kencana, 2.
32 Yusuf.
33Tania Irwan.
AuImplementasi Upaya Pemulihan Aset Korban Kejahatan Tindak Pidana Penipuan Dan Pencucian Uang Dalam Kasus First Travel,Ay JISIP (Jurnal Ilmu Sosial Dan Pendidika.
698Ae719, https://doi.
org/10.
58258/jisip.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
356 This research contributes by taking the role of "adding references" for the public about Al-TijArah in Islam, so that humans gain benefits in this world and the hereafter, at least they can avoid elements of fraud and types of trading that are detrimental to one party.
This research assists traders in evaluating their trading practices so that they are by Islamic law.
Furthermore, this research can help people who are solving problems or cases in the business they are running obtain assets that are more halal according to Islamic law.
Results and Discussion Ulama's opinion about Al-TijArah The word Al-TijArah is sometimes said to express the meaning of selling and sometimes the meaning of buying.
According to Linguist AlTijArah, it is the masdar .
form of fiAoil masi A a, fiAoil musAriAo AOa a A a Awhich mean A( aO aOAtradin.
34 RAghib al-IfahAny madar aOa aA
A A
explained that al-TijArah is managing business capital to make a profit.
A( ATAji.
Isim fAAoil .
ubject for.
of the word A( aTijAra.
is AA Specifically, those whose daily routines revolve around engaging in trade activities, assuming they possess specialized knowledge and skills in this Wahbah al-Zuuaily explains that the basic meaning of al-TijArah is trading activities to fulfill one's life's needs.
The meaning of majAzi is pious deeds.
37 Al-KhAzin explained that the meaning of al-TijArah is managing trading assets so that they develop as a result of achieving several profits.
38 Ibn ajr al-Haitamy explained that al-TijArah is moving commercial assets to develop.
39 Al-Ramly also conveyed the same 34Muuammad Ibn Mukrim Ibn Maner al-Afrqy Al-Miry.
LisAn Al-AoArab (DAr Adir, n.
Jilid 4.
35Al-usain Ibn Muuammad Ibn Mufaddal Al-RAghib Al-AfahAniy.
Al-MufradAt Fi Gharb Al-QurAoAn (Beirut - Lebanon: DAr Al-AoIlm Al-DAr Al-SyAmiyyah, 1.
36IbrAhm Muafa.
Al-MuAojam Al-Was .
l-Iskandariyah: DAr al-DaAowah, n.
Jilid 1 37Wahbah Ibn Muafa Al-Zuuayliy.
Al-Tafsr Al-Munr F Al-`Aqdah WasySyar`ah Wal Manhaj (Bairut: DAr al-Fikr al-MuAoAir, 1.
Jilid 28 38Al-KhAzin AoAlAAouddin AoAli Ibn Muuammad Ibn IbrAhm Al-BaghdAdy.
LubAb AlTaAowl Fi MaAoAni Al-Tanzl (Beirut - Lebanon: DAr Al-Kutub Al-AoIlmiyyah, 1.
Jilid 1.
39SyihAb al-Dn Ab al-AoAbbAs Aumad Ibn Muuammad Ibn AoAly Ibn ajr alHaitamy.
Tuufah Al-MuutAj Bi Syaru Al-MinhAj (Beirut: Dar Al Kotob Al Ilmiyah, 2.
Jilid 2 357 | AJIS : Academic Journal of Islamic Studies, vol.
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40 Shaikh Nawawy al-Bantany provided a more comprehensive elucidation, specifically referring to the utilization of commercial resources through activities such as purchasing, selling, or other methods to generate financial gain.
41 Ab al-Su'd explains in his tafsir book that the meaning of al-syirA' is an effort to get goods by handing over aman .
oney/means of paymen.
, not an effort to give up money to get goods, even though basically in exchange, the law of interrelationship applies .
ause and effec.
So it can be concluded that, in essence, the purpose of buying is to get goods, not to part with money.
The same thing applies to sales goals.
Al-TijArah MAdiyyah in Al-Quran The term al-TijArah, together with its many grammatical forms of I'rab, is referenced in the QurAoan a total of nine times, distributed among eight verses and seven letters.
AeIA Form Cou a Mufrad Nakirah Mansb a Mufrad Nakirah MarfAo a Mufrad Nakirah Majrr A al-Saff/61: 10 aEaA Mahb Bi al Majrr A al-Jumuah/62: 11 Aa a aN aIA MusAf MarfAo A al-Baqarah/2: 16 Surah A al-Baqarah/2: 282.
A al-NisAAo/4: 29.
FAir/35: 30 A al-Jumuah/62: 11.
A al-Nr/24: 37 A al-Taubah/9: 24 40Syams al-Dn Muuammad Ibn Ab al-AoAbbAs Aumad Ibn amzah Ibn SyihAb al-Din Al-Ramly.
NihAyah Al-MuutAj (Beirut - Lebanon: Dar Al-Fikr, 1.
Jilid 6 41Ab AoAbd al-MuAoi Muuammad Ibn AoUmar Ibn AoAly Nawawy al-Jawy al-Bantany.
Nihayah Al-Zain (Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
42Ab al-SuAodA OAMuuammad Ibn muuammad Al-AoImAdi.
IrsyAd Al-AoAql Al-Salm Ila MazAyA Al-KitAb Al-Karm (Beirut - Lebanon: DAr IhyAAo al-TurAts al-AoAraby.
Jilid 1 Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
358 Of all the verses about Al-TijArah in the Al-Quran, 3 .
verses specifically discuss trading activities between humans (Al-TijArah MAdiyya.
, namely An-Nisa/4: 29Ae30.
Al-Nur/24: 37, and Al-Jumuah/62:
Al-NisA'/4:29Ae30 came down in Medina, as is usually the case with the verses collected in Surah an-NisA'.
43 Al-Andalusy stated that this verse explains the requirements for obtaining halal property.
Muuammad Mahmd HijAzy explained that an-Nisa'/4:29 prohibits humans from being greedy and eating or taking other people's property in ways that are not permitted by Islamic sharia.
This statement also means a prohibition against disputes to obtain property.
In other words, efforts to obtain wealth must be based on the principle of mutual consent and without any element of injustice.
So efforts to obtain property must be based on mutual agreement, no lies, no fraud, no cheating45 gambling.
An-Najsy46.
MukhAdarah47.
Gharar48.
Mulamasah 49, and others.
Az-Zuhaili stated that lies, forgery, and fraud can result in a trade being haram.
50 Ibn Kar also gives examples of bal in trading activities such as ulah .
ngineering against Sharia la.
, which is considered to violate Sharia law, the same as deliberately manipulating usury transactions so that they are not usury by nature.
51 Al-Maraghy explained in more detail that the previous verse explained the procedures for managing the assets of orphans, the prohibition on handing over the management of assets to stupid people, the obligation to hand over the dowry to the woman one marries, the prohibition on taking back the dowry that has been given in various ways, and the obligation to give part of an orphan's property to his relatives who are present when their property is distributed.
So this verse explains the 43Al-Quruby.
Al-JAmi`u LiahkAmi Al-QurAn.
44Muuammad Ibn Ysuf Abi ayAn Al-Andalsy.
Tafsir Al-Baur Al-Muu (Beirut - Lebanon: Dar Al-Fikr, 1.
Jilid 3 45Muuammad Maumd HijAzy.
Al-Tafsr Al-WAsih (Beirut - Lebanon: DAr al-Jl al-Jadd, 1.
, https://shamela.
ws/book/23589.
46Asy-Syawaf.
AuAn-Najsy Baina Al-Asholah Wal-MuAoashoroh - Dirasah Fiqhiyyah Muqaranah ((Najas.
between Tradition and Modernity Comparative Jurisprudence Stud.
Ay 47Mahmud.
AuBaiAo Al-MukhAdarah - DirAsah Fiqhiyyah MuAoAsharah.
Ay 48Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital.
Ay 49Evan Hamzah.
AuMuamalah Terlarang: Maysir Dan Gharar.
Ay 50Al-Zuuayliy.
Al-Tafsr Al-Munr F Al-`Aqdah Wasy-Syar`ah Wal Manhaj.
Jilid 51Ibnu Katsir.
Tafsiru Al-QurAoani AlAoadzim, ed.
2 (Riyad.
Saudi Arabia: Dar Taibah, 1.
359 | AJIS : Academic Journal of Islamic Studies, vol.
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prohibition of seeking wealth improperly and the command to seek it correctly, such as business based on like-mindedness.
Scholars agree that the entire letter of an-Nur came down in Medina.
anAwy explains that, in Al-Nr/24:37.
Allah SWT mentions men who receive guidance and have mature souls 53.
So, according to Mahmud Al-Hijazy, trading activities do not make him forget to pray dhikr and tafakur, pray, give zakat, and feel anxious about his fate on the Day of Judgement, so he hopes for the best reward and grace from Allah SWT.
54 Az-Zuhaili stated that they were the people who enlivened the According to anAwy.
Al-Jumuah/62:11 descended from Medina.
As for the reasons for nuzl Al-Jumuah/62:11 according to al-Zuuaily 56 based on the history of ImAm Aumad 57, al-BukhAry58.
Muslim,59 and alTurmudzy60.
When the Prophet SAW was delivering his Friday sermon, suddenly a caravan .
group o.
traders from the land of Syria came.
Learning of the arrival of the caravan, the Friday Prayer congregation flocked out of the mosque so that only 12 .
people remained in the mosque.
Then Allah revealed Al-Jumuah .
According to AzZuhaily, in Al-Jumuah/62:11, trading is mentioned specifically because it is a very important activity among various activities to earn a living during the day, as well as giving a signal to abandon all forms of business when the Friday call to prayer is heard.
Al-Jumuah/62:11 also provides 52Aumad Muafa Al-MarAghy.
Tafsir Al-MarAghy (Mesir: asyirkah Maktabah wa MabaAoah MuafA asl-Baby al-alaby Auladihi, 1.
53Muhammad Sayyid anAwy.
Al-Tafsr Al-Was Li Al-QurAoAn Al-Karm (Mesir:
DAr Nahsah, 1.
54HijAzy.
Al-Tafsr Al-WAsih.
55Al-Zuuayliy.
Al-Tafsr Al-Munr F Al-`Aqdah Wasy-Syar`ah Wal Manhaj.
56Al-Zuuayliy.
57Al-Imam Aumad.
Musnad Al-ImAm Ahmad Bin anbal (AuAlam Al-Kutub LiabAAoah Wan-Nasyr Wat-Tauz,Ay https://books.
id/books?id=2mXHngEACAAJ.
58Ab AoAbdillAh Muhammad Bin IsmAAol Al-BukhAr, ahh Al-BukhAr (Beirut Lebanon:
DAr Al-Fikr Al-IslAm, https://books.
id/books?id=mmxkQgAACAAJ.
59Ibn HajjAj Al-Qusyair Al-NaisAburiy Muslim, ahh Muslim (Beirut - Lebanon:
DAr Al-Kutub Al-`ilmiyyah Lin Nasyr Wat TauzAo, https://books.
id/books?id=HVOYswEACAAJ.
60Ab Al-AoAl Muuammad AoAbdurrahmAn Bin Abdurrahm Al-Murakfr and Abdul WahhAb Abdullaf.
AuTuufattu Al-Auwa Bi Syarhi JAmiAoi At-TurmuAy (Beirut Lebanon: DAr Al-Fikr Lin Nasyr Wat TauzAo, 2.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
360 evidence regarding the obligation to perform Friday prayers and the special nature of Friday for Muslims, like Saturday for Jews.
Tijarah etiquette Adab/Ethics plays an important role in every aspect of life.
Every Muslim is obliged to obey all Islamic laws in all matters, including TijArah.
Some people think that ethics and business are two separate things that have nothing to do with each other because they think that business aims to get the maximum profit in the world and ignore Ukhrawy's profits.
62 In TijArah, every Muslim should seek material .
and immaterial .
The etiquette of TijArah in the Al-Quran is: .
It is mandatory to leave business when the call to prayer for Friday prayers has been announced, as stated in Al-Jumuah:9.
(Do not reduce the measures and scales as in Al-Isra': 35, .
Recording matters related to debts and receivables as stated in Al-Baqarah: 282, .
Avoiding bAil trade .
trade that is contrary to Islamic la.
Holding the principle of mutual willingness .
s in An-Nisa 29.
Adorn yourself with noble morals, like choosing halal treasures for yourself64 as in Al-Baqarah: 182, .
Maintaining trust and not destroying evidence or witnesses, as stated in Al-Baqarah, 282.
In the hadith, among the etiquettes of TijArah are: .
Honest .
ot lying or cheatin.
65, .
Be kind.
Fear of Allah's punishment66, .
Does not swear much67, .
provide price relief and leave disputes behind68, .
61Al-Zuuayliy.
Al-Tafsr Al-Munr F Al-`Aqdah Wasy-Syar`ah Wal Manhaj.
Juz 62Ali Muhayatsyah and Ali Muhayatsyah.
AuEtika Bisnis Islam Dalam Perspektif Pemikiran Al-Ghazali,Ay AT-TIJARAH: Jurnal Penelitian Keuangan Dan Perbankan Syariah 2, no.
: 84Ae104, https://doi.
org/10.
52490/at-tijarah.
63Siti Nurul Huda and Nandang Ihwanudin.
AuEtika Bisnis Islam Dalam Tinjauan Al-QurAoan Dan Hadits,Ay Moderation Journal of Islamic Studies Review 2, no.
61Ae72, http://journal.
id/index.
php/moderation/article/download/35/21.
64Muuammad Bin Muuammad A-us Al-GazAl.
IhyAAo AoUlm Ad-Dn (Beirut.
Lebanon:
DAr Kutub Al-Aoilmiyyah, https://books.
id/books?id=nJdLDwAAQBAJ.
65Al-BukhAr, ahh Al-BukhAr.
66Ibn Muuammad Ibn Yazd Abu AoAbdillah Ibn MAjjah Al-Qazwainiy.
Sunan Ibn MAjjah (Beirut - Lebanon: DAr Al-Fikr, n.
67SulaimAn Bin Al-AsyAoa Al-Azd As-SajintAn Ab-DAud.
Sunan Ab DAwd (Beirut - Lebanon: DAr Al-Kutub Al-`ilmiyyah Lin Nasyr Wat TauzAo, 2.
, https://books.
id/books?id=XJ10DwAAQBAJ.
361 | AJIS : Academic Journal of Islamic Studies, vol.
8, no.
2, 2023
give other people rights 69, .
Providing the option to return goods .
70, .
Do not engage in usurious trading.
Avoid trading haram Do not commit fraud.
In various previous studies, various TijArah etiquettes have also been mentioned, including not cheating or counterfeiting merchandise, as in a hadith, which means "whoever cheats is not part of our group" 71.
Several cases of fraud have occurred in trading activities, such as what happened at the Wonokromo-Surabaya local market, namely sellers injecting liquid dye into the fruit, preserving the fruit using substances that are not suitable for consumption, and adding textile dye liquid to the outside of the fruit so that it is not suitable for consumption.
72 Fraud of goods and counterfeiting of brands also occur throughout the world.
According to data from the Organisation for Economic Co-operation and Development's 2019 report, trade in counterfeit goods is 3.
3% of total world trade and continues to increase.
73 Piracy, acts of theft, and counterfeiting, apart from violating Sharia principles, violate Law Number 20 of 2016 concerning trademarks and geographical Other TijArah manners are: .
not monopolizing trade 75, .
do not make too much profit76, .
Intend to worship at work77, and .
Do not 68Muuammad Ibn IsmAAol Al-BukhAriy.
Al-JAmiAo Al-auu (Kairo - Mesir: DAr AlSyaAob, 1.
69Al-BukhAriy.
70Ab-DAud.
Sunan Ab DAwd.
71afA As-Uawi Aumad Al-AoAdaw.
Ihda`u Ad-DaibAjati Bi Syarui Sunan Ibn MAjjah (Bahrain:
Maktabah DAr Al-Yaqn, https://books.
id/books?id=VQjYaMAAJ.
72Siti Nur Azizaturrohmah and Imron Mawardi.
AuPemahaman Etika Berdagang Pada Muslim Pasar Wonokromo Surabaya (Studi Kasus Pedagang Bua.
Siti,Ay Jurnal Ekonomi Syariah Teori Dan Terapan 1, no.
: 278Ae88.
73Economic Organisation for Co-operation and Development, "Trade in Fake Goods Now World Trade Rising," https://w.
org/newsroom/trade-in-fake-goods-is-now-33-of-world-trade-andrising.
74Nickyta Julia Lumintang.
AuPenegakan Hukum Pidana Terhadap Pelaku Pemalsuan Merek Barang Dagang Berdasarkan Undang-Undang Nomor 26 Tahun 2016 Tentang Merek Dan Indikasi Geografis,Ay Lex Crimen IX, no.
: 172Ae80.
75Muh.
RifAoan et al.
AuStrategi Pemasaran Produk Khas Daerah Oleh Dinas Perindustrian Perdagangan Koperasi Dan UKM Kota Palu Dalam Perspektif Ekonomi Syariah,Ay Jurnal Ilmu Ekonomi Dan Bisnis Islam 1, no.
: 85Ae107, https://doi.
org/10.
24239/jiebi.
76Al-GazAl.
IhyAAo AoUlm Ad-Dn.
77Muhayatsyah and Muhayatsyah.
AuEtika Bisnis Islam Dalam Perspektif Pemikiran Al-Ghazali.
Ay Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
362 sell anything that is haram78, .
Do not buy goods when prices are high to hoard them and then sell them again during a crisis79 .
Do not swear a lot during transactions.
Types of Haram Al-tijArah Hal-MAdiyyah In general.
Al-tijArah al-MAdiyyah is divided into halal trade and forbidden trade.
Halal trade consists of trading.
WAjib, such as selling food to hungry people.
Sunnah, such as selling everything useful to other MubAu, such as trading using representatives, and .
Makrh, like trading after the first call to prayer on Friday prayers.
The purpose of the types of Al-tijArah al-MAdiyyah in this study is to determine the law of every type of trading between human beings that is permitted or On the other hand, the causes of halal and unlawful trade can also be seen from the perspective of mAbi' .
bjects being trade.
, aman .
eans of paymen.
, the person making the transaction (Musytary wa BAi'), the consent granted .
, and every condition that must be met in every point of trading.
Apart from that, the meaning of Al-tijArah in the Quran also refers to trading between humans and Allah SWT.
Halal trading is widely explained in the field of fiqh studies.
Searching for each item is also very easy because the majority of the discussion is collected in one book and has been marked in each chapter.
Meanwhile, the majority of fiqh literature for beginners does not mention the types of haram trading in a special chapter and is not specifically marked.
Therefore, this study will attempt to collect every type of trading that is forbidden and the types of trading that are debated as halal by the Ulama.
This study also reminds us that in a hadith, it is stated that there will be an era when people will no longer care about whether a property is halal or haram.
78Jamaiyah and Susianto.
AuAnalisis Strategi Pemasaran Produk Deposito Mudharabah Dalam Menarik Minat Masyarakat Pada PT.
Bank Sumut Syariah KCPSy Marelan Raya,Ay Jurnal FEB Jurnal Mahasiswa Fakultas Ekonomi Dan Bisnis 1, no.
: 773Ae83.
79asan Ibn Aumad Ibn Muuammad Al-KAf.
At-TaqrrAt As-Saddah Fl MasAil Al-Mufdah (Riyad - Saudi Arabia: DAr Al-MrAts An-Nabawy Lid-DirAsAt Wat-Tahqq Wa Khidmati At-TurAts, 2.
80Al-BukhAr, ahh Al-BukhAr.
363 | AJIS : Academic Journal of Islamic Studies, vol.
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2, 2023
The types of trading that are prohibited are: .
Selling prohibited or unclean objects such as Khamr, pork, or carcasses of animals that have not been slaughtered by Islamic Sharia, .
types of trading that are contrary to Sharia, such as trading that contains usury, .
Selling or buying stolen goods, .
, .
NitAj trading (A)EIA, .
MulAmasah (A)IEEIA, .
Munabaah .
A)IEIA, .
Muuaqalah, .
Muzabanah (A)IEIA, .
MukhAdarah .
A)IEA, .
Gharar (A)EA, .
Trading goods that have not been delivered and received, .
Trading something that cannot be handed over, such as trading birds that are still in the air, .
Fusliy (A)EAOOEA trading or goods that are not yet owned without a representative agreement or the owner's permission, such as brokers, .
aAh (A)EAA trading, .
Selling halal meat is purchased from halal animals that are still alive.
Trading publicly owned water, such as river water, lake water, or seawater, without processing, which increases the selling AA value, .
An-Najasy (AacA A )EI Atrading, .
Muhaqalah .
A )IEa CEAtrading, .
Purchases on top of other people's purchases before a transaction is completed until the handover stage, .
selling weapons to murderers, selling wine to liquor manufacturers, .
'Arabun trading ( aasA) E O aIA, 23 MuAoAwamah/ Sinn .
AOA A EI A/a )E aI OIAtrading.
A transaction process for goods that the previous seller has not yet delivered is trading that has not yet occurred.
However, the prohibition of this type of trading excludes several things, namely, selling inheritance that has not been received, selling items from a will, selling quotas from kings or leaders, selling income from a waqf, selling gifts from parents that have not been received, and items ordered that are not perhaps taking it everywhere, pawning items after the installments have been completed and not yet taken, and so on.
Gharar (A )EAtrading is a sale or purchase that has the potential for fraud82 both in terms of sellers, buyers, trading systems, as well as 81Syaikh Al-IslaAm ZakariyA Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb (Amman - Yordania: DAr Al-Fatu Lid-DirAsAt Wan-Nasyr, 2.
82Ahmad Mukhlishin and Saipudin Saipudin.
AuSistem Jual Beli Pupuk Kandang Prespektif Imam SyafiAoi Dan Imam Hanafi (Studi Di Kampung Sulusuban Kecamatan Seputih Agun.
,Ay Mahkamah .
328Ae50, https://doi.
org/10.
25217/jm.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
364 merchandise conditions whose condition is not yet clear.
83 Gharar (A)EA trading is more common than other types of illicit trading because it allows fraud to occur.
Basyariah 84 concluded that Gharar (A )EAtrading is a transaction in which there are elements of uncertainty or speculation, doubt, ambiguity, and other elements that result in the buyer being unwilling, such as gambling.
85 In principle.
Gharar trading (A )EAis restricted as a result of the customer's reluctance stemming from a sense of being deceived.
Nowadays.
Gharar (A )EAtrading manifests in financial institution transactions.
The interest system levied on each savings and loan transaction typically reveals this information.
86 Nehemiah stated that Gharar (A )EAr trading reflected in transactions that are not believed to be completed or in goods of unknown quality and quantity.
Meanwhile.
Hosen88 classifying forms of Gharar as trading goods that do not yet exist .
a'd.
, trading goods that are not clear .
, and trading goods where it is impossible to hand over due to the unclear payment method.
Meanwhile.
Shaikh Zakariya classifies sales and purchases that do not allow handover to occur into the category of bAil 89 Another case that occurs in society is the insurance case 90 and commodity futures transactions in stock index derivative transactions, which contain elements of uncertainty.
91 The uncertainty in these transactions arises from the ambiguity around the measurement or pricing of the commodity.
Shihab.
Ay 83Mahmud.
AuKonsep At-Tijarah Dalam Tafsir Al-Misbah Karya M.
Quraish 84Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital.
Ay 85Huda and Ihwanudin.
AuEtika Bisnis Islam Dalam Tinjauan Al-QurAoan Dan Hadits.
Ay 86Evan Hamzah.
AuMuamalah Terlarang: Maysir Dan Gharar.
Ay 87Nahdiah and Hidayatullah.
AuAnalisis BaiAo Gharar Terhadap Jual Beli Follower Di Instagram.
Ay 88Muhammad Nadratuzaman Hosen.
AuAnalisis Bentuk Gharar Dalam Transaksi Ekonomi,Ay Al-Iqtishad: Jurnal Ilmu Ekonomi Syariah 1, no.
https://doi.
org/10.
15408/aiq.
89Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
90Haqiqi Rafsanjani.
AuAnalisis Praktek Riba.
Gharar.
Dan Maisir Pada Asuransi Konvensional Dan Solusi Dari Asuransi Syariah,Ay Maqasid: Jurnal Studi Hukum Islam .
2615Ae22, https://doi.
org/http://dx.
org/10.
30651/mqsd.
91Utomo.
AuPerlindungan Hukum Nasabah Perdagangan Produk Derivatif Index Saham Berdasarkan Undang-Undang Nomor 10 Tahun 2011.
Ay 365 | AJIS : Academic Journal of Islamic Studies, vol.
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2, 2023
Trading goods that cannot be handed over during the transaction, such as trading fish that are still in the river, is not permitted in Islamic law, except for trading five things, namely: .
Trading services or trading which contains elements of orders with special characteristics of goods (As-Sala.
Trading so much food that it is not possible to measure it in a short time.
trading runaway slaves to and .
selling slaves and houses in other areas.
92 Presently, internet transactions can be conducted without the need for physical interaction between the buyer and seller.
Concurrently, the purchaser lacks knowledge on certain aspects, such as whether the merchandise showcased on the website belongs to the buyer or if the buyer is acting as a drop shipper.
Furthermore, there are numerous instances where the seller fails to provide comprehensive information on the goods, thereby creating skepticism among potential purchasers regarding their purchase intentions.
Salim93 explains various things about online buying and selling with halal status, namely: halal products, clarity of ownership status of goods, suitability of price to quality of goods, and honesty.
Several researchers, such as Munir,94 and Astuti95, offers a solution in the form of As-Salam transactions, which, according to Al-Kaf96 is the trading of something characterized as being the responsibility of the seller by using the word Salam.
Meanwhile, based on the definition of buying and selling As-Salam, the solution in the form of aqad salam is not suitable for online transactions because merchandise is generally available without having to make it first.
Apart from that, in Aqad Salam, the customer hands over the money first, and aqad salam cannot be applied to something cooked, such as food, to change the condition of the food or to goods that are still in stock.
Because for transactions on goods that are available in stock.
Islam regulates them in the Aqad of buying and selling, not the Aqad of Salam.
Several researchers, such as Pekerti and 92Aby Al-asan Aumad ibn Muuammad Ibn Aumad As-Uaby Al-Muuamily.
Al- LubAb Fl Fiqh Asy-SyAfiAoiy (Madinah: Saudi Arabia: DAr Al-BukhArA, 1.
93Munir Salim.
AuJual Beli Secara Online Menurut Pandangan Hukum Islam,Ay Al Daulah : Jurnal Hukum Pidana Dan Ketatanegaraan 6, no.
: 371Ae86, https://doi.
org/10.
24252/ad.
94Salim.
95Daharmi Astuti.
AuPersepsi Masyarakat Terhadap Akad Jual Beli Online Perspektif Ekonomi Syariah,Ay Syarikat: Jurnal Rumpun Ekonomi Syariah 1, no.
: 13Ae26, https://doi.
org/10.
25299/syarikat.
96Al-KAf.
At-TaqrrAt As-Saddah Fl MasAil Al-Mufdah.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
366 Herwiyanti,97 propose that online transactions should be classified as straightforward and uncomplicated buying and selling.
Aqad Greetings, but the seller offers the possibility of returning the merchandise.
Nevertheless.
Pekerti and Herwiyanti failed to elucidate the potential strategies for facilitating product returns.
The return option he is talking about maybe KhiyAr Syara, which refers to the conditions given by one or both parties to either proceed with the sale and buy or cancel it.
abal Al-abalah .
A ) aEa e aAtrading is the purchase and sale of livestock to grandchildren the birth of whom is still unknown.
Syafi'iyah scholars differ in their opinions regarding the actual practice of abal Alabalah .
A ) aEa e aAtrading.
Some scholars argue that abal Al-abalah .
A ) aEa e aAtrading is a sale and purchase paid on credit with a tenor until an animal's grandchildren are born.
99 Although scholars have different opinions about the definition of abal Al-abalah .
A ) aEa e aAtrading, but they agreed about the haraam of abal Al-abalah .
A) aEa e aA.
100 Fuadi said that abal Al-abalah .
A ) aEa e aAtrading includes engaging in JahAlah transactions, including the trading of things where the location, timing, or price is still unknown.
101 According to Darussalam, abal Alabalah .
A ) aEa e aAtrading contains an element of uncertainty, or Gharar, because the substance of the abal Al-abalah .
A ) e aa aEAtrading lies in the unclear time of delivery of goods.
Many studies attempt to explicitly delineate the distinctions between abal Al-abalah .
A ) e aa aEAtrading, 'Asb Al-Faul .
a A) eEA e aEa eA trading, and Al-MasAmn and Al-MalAqh .
AOIA A )OEIAtrading.
a aAECOa EIIA Yuniartik for example, defining the trading of 'Asb Al-Faul .
a A) eEA e aEa eA as the sale and purchase of male animal seeds for breeding in the womb 97Retno Dyah Pekerti and Eliada Herwiyanti.
AuTransaksi Jual Beli Online Dalam Perspektif Sariat Madzhab Asy-SyafiAoi,Ay JEBA: Jurnal Ekonomi.
Bisnis.
Dan Akuntansi 20, 2 .
: 1Ae12, https://doi.
org/https://doi.
org/10.
32424/jeba.
98Al-KAf.
At-TaqrrAt As-Saddah Fl MasAil Al-Mufdah.
99Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
100Abu Al-asan AoAly Ibn Muuammad Ibn Muuammad Ibn Habb Al-Basry AlBaghdAdy Al-MAwardiy.
Al-Awy Al-Kabr F Fiqhi Mahabi Al-ImAm Asy-SyAfiAoiy Syarau Mukhtasar Al-Muzany (Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 1.
101Fatih Fuadi.
AuDampak Jahalah Terhadap Keabsahan Akad Jual-Beli,Ay Jurnal Ekonomi Syariah 2 .
: 19Ae26.
102Nuritan Siregar.
AuIndikasi Gharar Dalam Janji Dan Akad Pada Bisnis Travel Umrah (Analisa Fiqih Muamala.
,Ay J-Mabisya 3, no.
: 37Ae45.
103Yuniartik Yuniartik.
AuPraktik Jual Beli Buah Petai Di Pohon Dengan Sistem Borongan Perspektif Fikih Muamalah,Ay Cross-Border 5, no.
: 1313Ae21, https://journal.
id/index.
php/Cross-Border/article/view/1289.
367 | AJIS : Academic Journal of Islamic Studies, vol.
8, no.
2, 2023
of female animals.
Meanwhile Basyariah104 and Naufal105 explains that 'Asb Al-Faul trading is renting out male animals.
Meanwhile, 'Asb Al-Faul .
a A ) eEA e aEa eAtrading according to SulaimAn Al-Bujairamiy is the buying and selling process of the seller's male livestock with the buyer's 106 AoAsb Al-Faul .
eEA e aEA a A ) eAtrading in Indonesia is sometimes called "stud rental".
The prohibition of this form of commerce stems from the inherent difficulty in evaluating and determining the price of animal sperm, as it is contingent upon the preferences of both the male and female individuals involved rather than the breeder's preferences.
For instance, consider a scenario where an individual brings their male camel to breed with another person's female camel, thereafter demanding payment for the male camel's semen.
108 This type of trade is restricted due to its essentiality for pet owners.
Therefore, the delivery of the stud is obligatory and comes at no cost.
Al-MasAmn and Al-MalAqh .
AECOA AOIaOEIA a A )EI aIAtrading is the buying and selling of animal fetuses that are still in the stomach and male sperm that are still in the animal's body.
109 Scholars differ in their opinions regarding the exact definition of buying and selling Al-MasAmn and AlMalAqh.
Some scholars argue that MasAmn is the buying and selling of sperm that is still in animal bones,110 while other scholars hold the opposite opinion.
Azhari & Hatim111 instead, choose the second Meanwhile, other researchers, such as Naufal 112 choose the first definition.
Al-MasAmn and Al-MalAqh .
AOIA A )OEIAtrading is a aAECOa EIIA prohibited because they contain elements of Gharar, choose the first 104Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital.
Ay 105Ifan Naufali.
AuHukum Jual Beli Ao Asb Al -Fahl Menurut Pandangan Mazhab Syafi Ao i Dan Mazhab Maliki,Ay Journal of Islamic Business Law 6, no.
: 1Ae11, http://urj.
uin-malang.
id/index.
php/jiblmenghasilkan.
106SulaimAn Al-Bujairamiy.
Asyiah Al-Bujairamiy AoAlA Syarui Al-Manhaj (Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
107Naufali.
AuHukum Jual Beli Ao Asb Al -Fahl Menurut Pandangan Mazhab Syafi Ao i Dan Mazhab Maliki.
Ay 108Al-Bujairamiy.
Asyiah Al-Bujairamiy AoAlA Syarui Al-Manhaj.
109Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
110Al-AnAry.
111Fathurrahman Azhari and Adi Hatim.
AuPendapat Kh.
Salim MaAoRuf Tentang Jual Beli Dalam Risalah Muamalah,Ay Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 15, 2 .
: 165Ae14, https://doi.
org/10.
18592/al-banjari.
112Naufali.
AuHukum Jual Beli Ao Asb Al -Fahl Menurut Pandangan Mazhab Syafi Ao i Dan Mazhab Maliki.
Ay 113Muummad ibn MsA ibn AosA ibn AoAly Ad-Damry.
An-Najmul WahhaAj F Syarhi MinhAj Fl Fiqhi AoAlA Mahabi Asy-SyAfiAoiy (Beirut - Lebanon: DAr Al-MinhAj.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
368 Al-MasAmn and Al-MalAqh .
AOIA A )OEIAtrading is a aAECOa EIIA prohibited because it contains elements of Gharar.
Engaging in transactions with specific conditions, such as selling a product that is contingent upon another item, is considered haram due to the inherent risk of fraudulent activities.
Furthermore, a transaction seeks to transfer the ownership of an object.
However, certain circumstances can effectively hinder the transfer of ownership.
However, several conditions are not included, specifically those related to pawn transactions, cost coverage, witness requirements, cancellation options, goods preservation, goods shipment, fruit harvesting, goods modification, goods returned due to damage, delivery of goods until full payment, and cancellation options after inspecting the goods.
These factors do not render a trading transaction haram.
MulAmasah (A )EIEIAis trading clothes that are still folded in the dark without being able to see the condition of the clothes, while reaching an agreement on the transaction is marked by the buyer "holding" the clothes, and there is no option to cancel the transaction when the buyer has seen the cloth.
116 Some scholars, such as Al-AnAry, specialize in their definition of MulAmasah (A )EIEIAonly in conditions of a dark place.
Hamzah described MulAmasah (A )EIEIAas buying a cat in a 117 In MulAmasah (A )EIEIAtrading, transactions are carried out without ghat or in other words, ghat is replaced by touching the item118 whether touching it intentionally or unintentionally.
119 Potential customers are unable to visually perceive the merchandise they intend to get.
120 Basyariah121 illustrates that in MulAmasah (A )EIEIAtrading, the seller says to the buyer "You must buy whatever you touch".
Hosen 122 adding that MulAmasah (A )EIEIAtrading requires the buyer to pay by touching even though he does not yet clearly know the item to be 114Al-MAwardiy.
Al-Awy Al-Kabr F Fiqhi Mahabi Al-ImAm Asy-SyAfiAoiy Syarau Mukhtasar Al-Muzany.
115Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
116Al-AnAry.
117Evan Hamzah.
AuMuamalah Terlarang: Maysir Dan Gharar.
Ay 118Azhari and Hatim.
AuPendapat Kh.
Salim MaAoRuf Tentang Jual Beli Dalam Risalah Muamalah.
Ay 119Darussalam.
AuKonsep Etika Bisnis Islami Dalam Kitab Sahih Bukhari Dan Muslim.
Ay 120Nahdiah and Hidayatullah.
AuAnalisis BaiAo Gharar Terhadap Jual Beli Follower Di Instagram.
Ay 121Basyariah.
AuLarangan Jual Beli Gharar: Kajian Hadist Ekonomi Tematis Bisnis Di Era Digital.
Ay 122Hosen.
AuAnalisis Bentuk Gharar Dalam Transaksi Ekonomi.
Ay 369 | AJIS : Academic Journal of Islamic Studies, vol.
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MulAmasah (A )EIEIAtrading is discredited because it is Gharar.
Munabaah (A )EIIAis trading in which the ghat is exchanged by throwing a merchandise or payment instrument at each other, without the option of returning the goods.
124 Consequently, the customer is obligated to acquire every item thrown by the seller, with no possibility of returning the products.
Every act of tossing is regarded as a mutually accepted transaction, regardless of the price or the items involved.
Darussalam125 describes Munabaah (A )EIIAwith: AuYou have to buy anything I throw at youAy.
The completion of a Munabaah (A)EIIA transaction is marked by the completion of throwing the items they have at each other.
aAh (A )EAArefers to a method of trading when pebbles are thrown at products.
Once the pebble lands on the goods, the transaction is deemed finalized.
127 An-Nawawy identifies two further forms of trading known as aAh (A)EAA.
The first is when the buyer has the right to return the items until the seller throws a pebble, indicating the finalization of the transaction.
The second form is when each time the seller throws a stone, it signifies a purchase has been made.
An-Nawawy asserted that these three descriptors are encompassed within the act of engaging in invalid transactions of trading.
MukhAdarah (A )EIAis the trading of plants and fruit before they are suitable for harvest or consumption.
129 As per the Mazhab of Hanbali.
MukhAdarah (A )EIAnecessitates that the fruit or plant is not 130 Meanwhile.
Al-AnAry summarizes the entire definition 123Muslim.
Choirunnisa, and Wulandari.
AuPandangan Pengurus Mui Provinsi Lampung Periode 2016-2021 Terhadap BaiAo Al-WafaAo.
Ay 124Syaikh Al-IslaAm ZakariyA Al-AnAry.
Fatuul WahhAb Bisyarui Manhaji AullAb (Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
125Darussalam.
AuKonsep Etika Bisnis Islami Dalam Kitab Sahih Bukhari Dan Muslim.
Ay 126Juju Jumena.
Otong Busthomi, and Husnul Khotimah.
AuJual Beli Borongan Bawang Merah Di Desa Grinting Menurut Tinjauan Hukum Islam,Ay Jurnal Penelitian Hukum Ekonomi Syariah .
151Ae65, https://doi.
org/10.
24235/jm.
127Al-AnAry.
Fatuul WahhAb Bisyarui Manhaji A-ullAb.
128Ab ZakariyyA YahyA Bin Syaraf An-Nawaw.
KitAb Al-MajmAo Syarh AlMuhaab Lisy-SyirAz, (Jiddah - Saudi Arabia: Maktabah Al-IrsyAd, 2.
, https://books.
id/books?id=8MR9DwAAQBAJ.
129Mahmud.
AuBaiAo Al-MukhAdarah - DirAsah Fiqhiyyah MuAoAsharah.
Ay 130Muwafiq Ad-Dn Ibn QadAmah.
Al-Mughny (Riyad - Saudi Arabia: Dar AuAlam Al-Kutub Lit-abAAoah Wan-Nasyr Wat-Tauzi,Ay 1.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
370 without mentioning the word MukhAdarah (A)EIA.
131 Many prior studies adhered to the definition of MukhAdarah (A )EIAwithout explaining the criteria for detaching the fruit from the tree, similar to Salim132.
Muslim, et al.
,133 Nahdiah, et al.
,134 Astuti135, and others.
If the meaning of MukhAdarah (A )EIAis limited to fruit that is not yet ripe for harvest or eating, then buying such fruits is considered haram.
According to Al-AnAry, it is permissible to buy fruit that has to be sliced, even if it is not yet ready to be eaten.
MuzAbanah, also known as AEIIA, initially referred to a transaction involving the exchange or sale of dates that were still attached to the tree .
with dates that had already been harvested .
, provided that the quantity surpassed 5 Wasaq .
bout 875 k.
Nevertheless, grapes and dates are considered equivalent in terms of zakat payment, as both fall under the category of fruits that require 137 Al-MAwardiy asserts that the MuzAbanah (A )EIIAbuying and selling law applies to all types of fruits, not limited to dates and grapes Trading or swapping the produce of unharvested trees or plants for those that have already been harvested is strictly forbidden inside the realm of muhaqalah .
A )E aICE aAtransactions.
138 An-Nawawi explained that all exchanges of similar foods of unknown quantity or weight (JuzA.
are included in the category of MuzAbanah trading (A)EIIA.
MuzAbanah (A )EIIAtrading prohibited because of an injustice between the two parties140 and the similarity in sales value comparison between the two parties is unknown.
141 However, this buying and selling is halal if it fulfills various conditions: .
The goods being traded are grapes or .
Dates or grapes that are still on the tree are counted by 131Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
132Salim.
AuJual Beli Secara Online Menurut Pandangan Hukum Islam.
Ay 133Muslim.
Choirunnisa, and Wulandari.
AuPandangan Pengurus Mui Provinsi Lampung Periode 2016-2021 Terhadap BaiAo Al-WafaAo.
Ay 134Nahdiah and Hidayatullah.
AuAnalisis BaiAo Gharar Terhadap Jual Beli Follower Di Instagram.
Ay 135Astuti.
AuPersepsi Masyarakat Terhadap Akad Jual Beli Online Perspektif Ekonomi Syariah.
Ay 136Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
137Al-AnAry.
138Al-MAwardiy.
Al-Awy Al-Kabr F Fiqhi Mahabi Al-ImAm Asy-SyAfiAoiy Syarau Mukhtasar Al-Muzany.
139An-Nawaw.
KitAb Al-MajmAo Syarh Al-Muhaab Lisy-SyirAz.
140Al-AnAry.
Fatuul WahhAb Bisyarui Manhaji A-ullAb.
141Muuammed Al-Zuhr Al-GhamrAw.
Al-SirAj Al-WahhAj AoAlA Matn Al-MinhAj, 7th ed.
(Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
371 | AJIS : Academic Journal of Islamic Studies, vol.
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estimating their dry condition 142.
The dates and grains on the arid surface of the Earth are quantified through measurement.
Dates that remain attached to the tree are still moist, whereas dates or grapes that have fallen to the ground are dry.
Dates that are still moist must still be attached to the tree.
The weight of each date or grain is below 5 Wasaq or approximately 875 kg.
Before parting ways, the vendor and buyer exchange items with one another.
The dates or moist grapes must be fit for ingestion.
There is no specific association between the obligation of zakat and dates or grapes.
There are no additional items included with each date or grape, such as four Wasaq dates or dry Additionally, 1 kg of sugar can be exchanged for 4 Wasaq dates or wet grapes.
Muhaqalah is the practice of trading wheat while it is still attached to the stalk.
Muhaqalah .
A )E aICE aAis prohibited due to its inherent intention of concealing wheat or other crops, hence preventing the assessment of their suitability for consumption.
144 Muhaqalah is the practice of trading wheat while it is still attached to the stalk.
Muhaqalah .
A )E aICE aAis prohibited due to its inherent intention of concealing wheat or other crops, hence preventing the assessment of their suitability for Talaqqy Ar-RukbAn (A)ECOaEEIA, translated from Arabic to English, refers to the action of collecting the group before reaching the intended Talaqqy Ar-RukbAn refers to the act of engaging in a transaction of purchasing or selling when the seller is en route to the marketplace, before reaching their destination, and without knowledge of the prevailing market price.
146 Although the term used to describe this form of commerce is Talaqqy, legally, the purchaser is not obligated to have an initial intention of "encountering, finding, or acquiring.
" Consequently, if a buyer's primary intention is hunting, the purchase falls under the category of Talaqqy Ar-RukbAn (A)EEI ECOA.
147 Depending on the circumstances, this particular transaction has the potential to be harmful to the seller.
If the buyer approaches the seller before reaching the marketplace with the product, it could be advantageous for the seller to purchase the entire stock.
However, it could also be disadvantageous for 142Al-GhamrAw.
143Al-KAf.
At-TaqrrAt As-Saddah Fl MasAil Al-Mufdah.
144Al-GhamrAw.
Al-SirAj Al-WahhAj AoAlA Matn Al-MinhAj.
145Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
146Al-GhamrAw.
Al-SirAj Al-WahhAj AoAlA Matn Al-MinhAj.
147Al-AnAry.
Fatuul WahhAb Bisyarui Manhaji A-ullAb.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
372 the seller as the market value may be greater.
Thus, this purchase is considered legal yet illicit, as it lacks the possibility of canceling the transaction or obtaining a refund for both the money and the products.
Regarding transactions that take place when the seller is present at the marketplace, it is permissible and lawful to engage in the sale and purchase of Talaqqy Ar-RukbAn .
A)EEI ECOA, even if the seller is unaware of the market price or the buyer follows the market selling value.
Cases that often occur in Indonesia involve middlemen buying up merchandise from farmers.
According to Darussalam, 149 Talaqqy ArRukbAn trading (A )ECOaEEIAis prohibited in Islam to protect the interests of consumers from prices that are too expensive, which make consumers not want to buy or regret their purchase.
An-Najasy (A )EIcaAis artificially inflating the selling price to defraud others.
150 Ar-Rafi'i characterizes it as a form of deceit employed by persons who have no genuine intention of purchasing an object.
They do it by inflating the perceived value of the item, with the ultimate goal of driving up the selling price.
This manipulation is intended to persuade everyone involved to pay a higher amount.
151 Al-AnAry asserts that despite the intention to acquire capital appropriateness and selling value, this fraudulent activity remains prohibited .
The basis for its prohibition lies in the fact that it inflicts harm upon others since AnNajasy (A )EIcaAis inherently haram.
152 Ar-Rafi'i holds the view that the trade of An-Najasy (A )EIcaAis permissible, and once a transaction agreement is made, the buyer does not have the right to request a return of the items.
153 The prohibition of buying and selling An-Najasy (A )EIcaAis based on the principle of causing harm and deception.
Typically, the incident begins when an individual assumes the role of a potential buyer and deliberately raises the price without any intention of making a The purpose is to announce a higher price to generate interest from the listener, who may then be inclined to pay more as well.
148Al-GhamrAw.
Al-SirAj Al-WahhAj AoAlA Matn Al-MinhAj.
149Darussalam.
AuKonsep Etika Bisnis Islami Dalam Kitab Sahih Bukhari Dan Muslim.
Ay 150An-Nawaw.
KitAb Al-MajmAo Syarh Al-Muhaab Lisy-SyirAz.
151Ar-RAfiAoiy Ab Al-QAsim.
Al-AoAzz Syaru Al-Wajz Al-MaAorf Bisy-Syaru AlKabr, 1st ed.
(Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 1.
152Al-AnAry.
Fatuul WahhAb Bisyarui Manhaji A-ullAb.
153Ab Al-QAsim.
Al-AoAzz Syaru Al-Wajz Al-MaAorf Bisy-Syaru Al-Kabr.
154Al-MAwardiy.
Al-Awy Al-Kabr F Fiqhi Mahabi Al-ImAm Asy-SyAfiAoiy Syarau Mukhtasar Al-Muzany.
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Meanwhile, these buyers could be competitors who have similar merchandise or people who expect special benefits.
At-Tariyah/Al-MuarrAh (A EAOA/ A )EIAAbuying and selling of cattle, cows, or goats whose milk is left without being milked for several days so that the milk fills the udder so that the buyer thinks that the amount of milk is the amount of milk that can be milked each time 155 and willing to increase the price.
156 It turned out that after the transaction was completed, the amount of milk that could be obtained every day continued to decrease.
157 At-Tariyah/ Al-MuarrAh (A EAOA/ aA)EIAA trading is valid, and if an agreement has already been reached on the transaction, the buyer has the option to cancel the transaction or return the goods for three .
days,158 if: .
the buyer does not know this at the time of purchase.
the animal is a cattle, cow, or goat.
159 The prohibition of At-Tariyah/Al-MuarrAh (A EAOA/ A )EIAAtrading lies in the element of fraud160 and disguise or hide defects.
In the study of fiqh, the word 'Arabn .
A )EO aIAexists in six .
languages, according to linguists, namely .
OI eIa Oa O eaOIa O eaaOIa eaIA a AOA aA)O eaOIA.
'Arabn .
A )EO aIAtrading is someone who buys an object by giving a down payment while saying, "If the transaction reaches an agreement, then the down payment is part of the payment, but if an agreement is not reached, then the down payment is a gift from me to 163 Acquiring and disposing of 'Arabn .
A )EO aIAnecessitates an initial payment to demonstrate the buyer's commitment to the transaction.
the transaction proceeds, the down payment is regarded as a component of the total amount paid.
Nevertheless, in the event of a cancellation, the down payment will not be refunded.
164 An-Nawawy asserted that if the buyer explicitly expresses these requirements during the transaction, 155ImAm Najmuddn Ibn Ar-RifAoah.
KifaAyat An-Nabih F Syaru At-Tanbh, 1st (Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
156Ab Al-QAsim.
Al-AoAzz Syaru Al-Wajz Al-MaAorf Bisy-Syaru Al-Kabr.
157Abi IbrAhm IsmAAoi bin YauyA bin IsmAAol Al-Muzanny.
Mukhtaar AlMuzanniy Fi FurAoi Asy-SyAfiAoiyyah, 1st ed.
(Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 158IbrAhm Bin Ali Al-Fairz AoAbAdy Asy-SyrAziy.
Al-Muhaab F Fiqh Al-ImAm Asy-SyAfiAoiy, 3rd ed.
(Beirut - Lebanon: Dar Al Kotob Al Ilmiyah, 2.
159Ab Al-QAsim.
Al-AoAzz Syaru Al-Wajz Al-MaAorf Bisy-Syaru Al-Kabr.
160Ar-RifAoah.
KifaAyat An-Nabih F Syaru At-Tanbh.
161Al-Muuamily.
Al-LubAb Fl Fiqh Asy-SyAfiAoiy.
162Ar-RifAoah.
KifaAyat An-Nabih F Syaru At-Tanbh.
163An-Nawaw.
KitAb Al-MajmAo Syarh Al-Muhaab Lisy-SyirAz.
164Mukhlishin and Saipudin.
AuSistem Jual Beli Pupuk Kandang Prespektif Imam SyafiAoi Dan Imam Hanafi (Studi Di Kampung Sulusuban Kecamatan Seputih Agun.
Ay Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
374 the sale and purchase will be deemed invalid and subject to punishment.
However, if these limitations are explicitly mentioned before and during the transaction and the buyer fails to mention these requirements at the time of the transaction, then the sale and purchase are deemed legally 165 The prohibition of 'Arabn .
A )EO aIAtrading is based on the condition that the seller does not transfer any items to the buyer.
Al-Mu'Aah (A )EIAbuying and selling without consent or only one of them167 (Just agree or just accept.
) The Ash-SyAfi' Madzhab states that Al-Mu'Aah (A )EIAtrading is invalid, while Imam MAlik states that it is valid on condition that it can be considered buying and selling, such as buying and selling trivial goods whose price is very clear and then the buyer puts down money without saying anything.
Whatever, then go.
The prohibition of Al-Mu'Aah (A )EIAlies in the absence of ghat, which is the pillar of buying and selling in Islam.
Mu'Awamah/Sinn .
A E aIaOIA/a ) eE aIOIAis trading fruit from a date palm tree over several years.
169 The practice of buying and selling Mu'Awamah/ Sinn .
A E aIaOIA/a ) eE aIOIAis prohibited because this buying and selling is included in the category of buying and selling goods whose nature, quantity, and quantity are unknown, and the goods do not exist,170 so that the goods cannot be handed over during the transaction.
Considering the outcomes of the preceding debate, other aspects necessitate additional deliberation.
Is online buying and selling considered part of the Gharar trading category because of the inability to clearly and comprehensively assess the condition of the goods ? Another aspect to consider is the return policy.
Certain marketplaces solely serve as intermediaries between two parties engaging in transactions without placing a high emphasis on ensuring the financial security of their users.
They do not offer a return policy for cases where the buyer loses interest upon receiving the things they have purchased.
The availability of this return option significantly enhances user confidence and ensures their financial security.
Nevertheless, the existing method of returning goods poses significant disadvantages for sellers, as many marketplaces 165An-Nawaw.
KitAb Al-MajmAo Syarh Al-Muhaab Lisy-SyirAz.
166Ab Al-usain YahyA Bin Ab Al-Khair Bin SAlim Al-AoImrAniy.
Al-BayAn F Mahabi Asy-SyAfiAoiy, ed.
1 (Beirut - Lebanon: Dar Al-Minhaj, 2.
167Al-KAf.
At-TaqrrAt As-Saddah Fl MasAil Al-Mufdah.
168Ibn ajr al-Haitamy.
Tuufah Al-MuutAj Bi Syaru Al-MinhAj.
169Al-AoImrAniy.
Al-BayAn F Mahabi Asy-SyAfiAoiy.
170An-Nawaw.
KitAb Al-MajmAo Syarh Al-Muhaab Lisy-SyirAz.
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enforce a policy that holds sellers responsible for covering transportation expenses.
Quoting Amiruddin's words171, that certain conditions must be considered in the legality of e-commerce in Islam, namely, clarity of product definitions, confirmation of orders in sales and purchase agreements, and continuity of communication.
Currently, there is a growing trend in the trading industry known as the dropship method.
There is still prejudice among certain studies when it comes to defining the concepts of dropshipping and retail, particularly in cases where firms like Adidas offer online retail The distinctions between these concepts are not Peterson and Balasubramanian argue that there is still ongoing discussion regarding the precise meaning of retail.
172 According to Baron et al.
, retail is the act of selling goods and services directly to end consumers or acting as intermediaries for consumers, typically through physical stores or online platforms.
173 However, the concept of dropship does not explicitly exclude retail.
Bariroh, for instance, characterizes the dropship buying and selling system as a method of selling a product without the need to possess any inventory.
174 The dropship mechanism enables sellers to engage in sales transactions without prior ownership of the item.
Sellers either advertise goods on ecommerce platforms with the owner's permission or without 175 Although not precise, some researchers, such as Hafifi176, directs the definition of dropship buying and selling as a seller without any capital at all.
Sellers only use electronic devices, photos, and product descriptions taken from other electronics stores, then set 171Muhammad Majdy Amiruddin.
AuKhiyAr (Hak Untuk Memili.
Dalam Transaksi On-Line: Studi Komparasi Antara Lazada.
Zalara Dan Blibli,Ay FALAH: Jurnal Ekonomi Syariah 1, no.
: 47, https://doi.
org/10.
22219/jes.
172Robert A.
Peterson and Sridhar Balasubramanian.
AuRetailing in the 21st Century: Reflections and Prologue to Research,Ay Journal of Retailing 78, no.
: 9Ae 16, https://doi.
org/10.
1016/S0022-4359.
173Steve Baron.
Barry Davies, and David Swindley.
AuMacmillan Dictionary of Retailing,Ay in Macmillan Dictionary of Retailing (London: Macmillan Education UK, 1.
, 105, https://doi.
org/10.
1007/978-1-349-21839-4_11.
174Muflihatul Bariroh.
AuTransaksi Jual Beli Dropshipping Dalam Perspektif Fiqh Muamalah,Ay Ahkam: Jurnal Hukum Islam 4, no.
: 199Ae216, https://doi.
org/10.
21274/ahkam.
175Juhrotul Khulwah.
AuJual Beli Dropship Dalam Perspektif HukumIslam,Ay AlMaslahah: Jurnal Hukum Islam Dan Pranata Sosial Islam 7, no.
: 101Ae16, https://doi.
org/10.
30868/am.
176Aif Hafifi.
AuJual Beli Dropship Dalam Perspektif Ekonomi Islam,Ay Madani Syariah .
11Ae20, https://doi.
org/https://doi.
org/10.
51476/madanisyariAoah.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
376 different prices without the permission of the real owner of the goods.
Typically, the seller requests that the owner of the goods or products designate the seller as the shipper of the products.
178 The phrase dropship is commonly seen as a facilitator of advertising or marketing.
Presently, the author personally struggles to discern between authentic sellers and drop-shipper sellers across diverse online marketplaces.
Conversely, the profit generated from selling the dropship system is derived from the disparity between the selling price of a product.
Therefore, it can be deduced that the seller in the online marketplace who provides identical goods at the most affordable cost is the legitimate Nevertheless, certain marketplaces include a negotiation function for merchandise.
Hence, purchasers may no longer infer that the product provider offering the lowest price is the authentic proprietor or vendor of a product or service.
If the legal evaluation of halal and haram concerning drop shippers' trading activities is limited to the ownership of products, then it becomes evident that the law governing such transactions is deemed invalid .
Nevertheless, if the seller assumes the role of a representative or employee of a corporation, the sale and purchase law remains applicable, regardless of whether it is executed through a WakAlah.
QirAd, or IjArah Agreement.
Several prior studies have proposed an alternative approach to ensure the compliance of buying and selling in the dropship system with Islamic law.
The subsequent matter that necessitates discussion is "Which classification of commerce is encompassed within the wholesale or Tebasan commercial system?" In the Brebes case, traders engaged in large-scale purchases via the Tebasan method.
Traders purchase shallots from farmers within a time frame of 3 to 7 days before the harvest.
During the time of purchase, the shallot bulbs were visibly shaped but 177Syifa Manzilla Tousiya and Maman Surahman.
AuTinjauan Fikih Muamalah Dan UU No.
8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Transaksi Jual Beli Dropshipping Pada Marketplace X,Ay Jurnal Riset Ekonomi Syariah 1, no.
94Ae103, https://doi.
org/10.
29313/jres.
178Ika Yunia Fauziah.
AuAkad Wakalah Dan Samsarah Sebagai Solusi Atas Klaim Keharaman Dropship Dalam Jual Beli Online,Ay ISLAMICA Jurnal Studi Keislaman 9, no.
: 323Ae43, https://doi.
org/https://doi.
org/10.
15642/islamica.
179Elpina Pitriani and Deni Purnama.
AuDropshipping Dalam Perspektif Konsep Jual Beli Islam,Ay Jurnal Ekonomi Dan Perbankan Syariah 3, no.
: 87Ae104, https://doi.
org/10.
46899/jeps.
180Risvan Hadi.
AuAnalisis Praktek Jual Beli Dropshipping Dalam Perspektif Ekonomi Islam Latar Belakang Masalah,Ay AT-TAWASSUTH: Jurnal Ekonomi Islam 4, no.
: 231Ae51, https://doi.
org/10.
30829/ajei.
377 | AJIS : Academic Journal of Islamic Studies, vol.
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2, 2023
not yet ready for harvesting.
Jumena181 Permits the trade of shallots in Brebes through the wholesale system, as long as it adheres to the prohibition on trading unripe or unfit-for-consumption fruit.
This is justified by the fact that shallots have a very short period before they are ready for harvest.
According to the author.
Jumena has neglected to take into account the restriction on engaging in transactions with According to Al-AnAry182, trading fruit or plants before they are suitable for consumption, which is accompanied by a requirement that the fruit remain on the tree, or without such a requirement but the fruit is still on the tree, is included in the category of buying and selling bAil.
Jumena classifies wholesale buying and selling into JuzAf buying and selling, namely buying and selling goods whose size or weight is unknown and have not even been picked from the tree.
Meanwhile.
Bauu MasAil Nahsatul UlAma Results explained that buying and selling JuzAf and wholesale is invalid.
If MuzAbanah refers to the act of trading between fruit that is still attached to the tree and fruit that has already been harvested, and Muhaqalah involves the exchange of plants that are still on the tree for plants that have been harvested, then what would be the case for an individual who leases land capable of producing fruit or plants? Presently, there is a situation in the Banyuwangi region of East Java where land is being leased out to cultivate orange trees and reap the profits from the fruit harvest by the tenant.
Throughout the agreed-upon rental duration, the landowner is prohibited from utilizing the land.
This kind of rental agreement is legally valid.
However, if the tenant pays with part of the harvest, it is not valid because this kind of buying and selling is called MukhAbarah .
) eE aIAtrading.
According to Al-MAwardiy.
MukhAbarah .
eE aIA, renting out land for a price of one-third .
or one-fourth .
of the income from the land or garden.
185 The interpretation of MukhAbarah .
) eE aIAdiffers significantly among Ulama.
181Jumena.
Busthomi, and Khotimah.
AuJual Beli Borongan Bawang Merah Di Desa Grinting Menurut Tinjauan Hukum Islam.
Ay 182Al-AnAry.
Tuhufatu A-ullAb Bisyarui Taurri Tanqui Al-LubAb.
183Muhammad Syamsudin.
AuKetentuan Hukum Jual Beli Borongan Dalam Islam,Ay 2018, https://islam.
id/syariah/ketentuan-hukum-jual-beli-borongandalam-islam-HyA8e.
184Yunus Zamroji.
AuAnalisis Praktek Akan Sewa Kebun Jeruk Di Kabupaten Banyuwangi Dalam Perspektif Mazdhab SyafiAoi,Ay Jurnal Ekonomi Syariah Darussalam 3, 2 .
: 160Ae72, https://doi.
org/https://doi.
org/10.
30739/jesdar.
185Al-MAwardiy.
Al-Awy Al-Kabr F Fiqhi Mahabi Al-ImAm Asy-SyAfiAoiy Syarau Mukhtasar Al-Muzany.
Abd Majid: Al-Tijarah Madiyyah and Ethical Review in a Transactio.
378 Al-Kaf, in contrast to Al-MAwardiy, defines MukhAbarah .
) eE aIAas a transaction when the owner of vacant property engages with farmers/workers to cultivate the land.
The farmer agrees to labor on the field under the condition that they offer the plant seeds.
Wahyuningrum and Darwanto added that MukhAbarah .
) eE aIAcharged all costs to farmers.
187 Meanwhile, the law of the MukhAbarah .
eE aIA contract is haram or invalid, according to the majority of Shafi'i madhab Conclusion This study discovered that the Muslim code of conduct in AlTijArah entails the rejection of injustice, refraining from manipulating measurements and weights, adhering to the principles of consent and willingness, avoiding excessive swearing during transactions, maintaining trustworthiness and refraining from tampering with evidence, abstaining from monopolizing trade, refraining from hoarding goods to exploit scarcity and avoiding deceit by concealing defects in Meanwhile, the methods of trading differ significantly and are typically categorized as halal .
buying and selling and haram .
buying and selling.
The illicit practice of buying and selling can occur due to the nature of the goods being exchanged and how the transaction takes place, involving elements such as monopoly and fraud.
Al-tijArah MAdiyyah etiquette varies according to the specific circumstances of both the seller and the buyer.
Nevertheless, most of these behaviors result in the ban of unfair actions.
Al-tijArah MAdiyyah encompasses several categories, which can be categorized as Halal .
Mubah .
Makruh .
Haram .
, and legitimate but haram trading.
References