Aspek hukum kontrak dagang via internet (cyberspace transactions) dalam perspektif sistem hukum Islam

Wijayanto Setiawan (Fakultas Hukum Universitas Hang Tuah Surabaya Alumni Program Doktor Ilmu Hukum PPs Universitas Airlangga Surabaya)

IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan
Vol 10, No 2 (2010)

Trade contracts via the internet (cyberspace transactions) or e-commerce or in other terms is a necessity inthe development of cyberspace in the last  ten decades. In terms of the applicable legal aspects, contractstrade via the internet is having a substantial difference with the conventional contract law. From theviewpoint of Islamic Law (fiqh), the implementation of e-commerce business transactions can besamed with al-salam transactions in the way of payment and delivery of commodities which serve as theobject of the transaction. Transactions in e-commerce over the Internet can be aligned with the principlesof the existing transaction in the transaction al-salam, especially relating to the parties involved in thetransaction, the consensus statement and transaction through a transaction object. Based on thesestudies, the commercial transactions over the Internet is allowed as long as meet the principles of thecontract (‘aqad) in Islam, namely: (1) the parties involved in implementing the contract with proves goodand sincerity; (2) the process of conveying statements of the consensus between party is clear and notconflicting with shar’i; and (3) the object of transactions (goods or services) is something that is halal.