Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 25 No. 1 (2026): Pena Justisia

The Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital EraThe Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital Era

Amirkahairuddin (UIN Sulthan Thaha Saifuddin Jambi)
Pidayan Sasnifa (Sultan Thaha Saifuddin State Islamic University of Jambi)
Herri Novealdi (Sultan Thaha Saifuddin State Islamic University of Jambi)
Cici Sundari (Sultan Thaha Saifuddin State Islamic University of Jambi)



Article Info

Publish Date
28 Jun 2026

Abstract

The development of the digital economy has introduced affiliate marketing as a key strategy for expanding Indonesia's e-commerce market. This study aims to analyze the legal status of contracts (akad) within affiliate schemes in accordance with the principles of fiqh mu'āmalah and to examine their implementation in the digital ecosystem. The research employs a normative method with a literature review approach, analyzed descriptively and qualitatively using Nvivo 12 Plus to trace secondary data from journals, online media, and relevant regulations. The findings indicate that affiliate practices can be classified as ju‘ālah, wakālah, or ijārah contracts, provided the essential elements and requirements of the agreement are met. However, in practice, several issues remain, including unclear commission calculation systems, delayed payments, bonus mechanisms that may resemble maysir, and the risk of riba in payment processes handled through third parties. These findings underscore the importance of transparency, fairness, and Sharia compliance in the implementation of digital affiliate schemes. The study concludes that affiliate systems have a valid sharia-based legal basis but require specific regulations to ensure legal certainty and protection for all parties involved.

Copyrights © 2026






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...