ARTICLE
TITLE

Philosophy and Legal Principles of 'Adam Al-Gharar Bai' Al-Salam And its Embodiments in Online Transactions DOI :10.15575/ijni.v11i1.6417

SUMMARY

This article explains the philosophy and legal principles of 'adam al-gharar bai' al-salam contract practiced by modern society. In contemporary economic practice, the bai' al-salam contract is widely used in online transactions. The existence of online transactions removes regional boundaries in transactions so that sellers and buyers do not need to meet. Online transactions raise various new problems such as; non-compliance with the specifications of the product ordered, quantity that does not match the order, quality that does not match the order, until there is uncertainty of accountability in the event of damage to the product. The methodology of this article uses a literature study with descriptive analysis. Data were obtained from various books, journals and other online sources. The results of the study show that the philosophy and principles contained in bai' al-salam are mutual help, certainty, and justice. As for the practice of online transactions, the legal principle of 'adam al-gharar bai' as-salam can be applied as long as the seller lists and describes the size, quality of the product or its constituent materials on its online platform

KEYWORDS

 Articles related

Parviz Khozouie,Khalil Afandak,Mina Mehrvand    

The self-defense entity is a legal phenomenon which is included in most countries' constitution in order to protect the people right when exposed to a current or potential danger or offense. The philosophy of acceptance of the self-defense is based on th... see more


Alfarid Fedro,Setiawan bin Lahuri,Mohammad Ghozali    

The function of Sharia Financial Institutions (SFI) is to provide the easiness for the needs of the community in sharia-compliant funding. One of them is Pegadaian Syariah (sharia pawnshop), which offers the pawning (rahn) contract as one of the sharia-c... see more

Revista: Mazahib

Rohmawati Rohmawati,Syahril Siddik    

This article examines the protection of the rights of children out of wedlock in the Religious Courts. The ambiguity of the concept of the best interests of the child has prompted judges to interpret this concept to realize legal protection for children ... see more


Sri Wahyu Jatmikowati,Moch. Isnaeni,Endang Prasetyawati,Krisnadi Nasution    

Enactment of Foundation Law and its amendments have not fully brought the Foundation into a new era. Issues related to the Foundation are still found in Indonesia. For instance, is related to business activities run by the Foundation coupled with the mai... see more


Abdul Aziz Harahap,Athoillah Islamy    

Behind the pro-contra polemic of imposing castration legal sanctions for criminals of pedophilia in Indonesia, doctors have a dilemma as a profession that is considered to have medical competence and is worthy of being executors. It is due to the princip... see more