TRANSAKSI E-COMMERCE DALAM TINJAUAN HUKUM JUAL BELI ISLAM

Abstract

Fakultas Agama Islam UMM

e-mail : azhar_muttaqin@yahoo.com

ABSTRACT

Trends in buying and selling using the Internet media that commonly called e-commerce is now so flourishing like a fungus in the rainy season. In global, deal with the perpetrators of these ways -either as sellers or buyers- is also involved many among the Muslims. So to provide the legal foundation of this reality, must be examine a fiqhiyah (Islamic jurisprudence) studies to become the basis of normative philosophical and practical for those who want to pursue the transaction. In general the actual concept of e-commerce, ie buying and selling goods orders have been known and practiced during the early generations of Islam, his name is Bai 'as-Salam. So this study presents a descriptive analitif of correlation between the two concepts.

Generally, between e-commerce and bai 'al-salam has similarities as well as fundamental differences. Among these differences is the legal basis used between the two concepts, that may affect whether or not a commodity to be offered. As for some other differences such as how to quote, or how to clarify the object of transactions, or how the technical payments, and how to delivery and acceptance, was not a fundamental difference, but more because of age differences that affect the implementation of the technical differences alone. Like offering was described in  direcly (face to face) between buyers and sellers, now enough with the display of storefront catalog that contains products and services to be provided, so the prospective buyers can get complete information.

Kata-kata Kunci :

Hukum Islam, fiqih mu’amalah, e-commerce, bai’ as-salam, jul beli