Jurnal Hukum Ekonomi Syariah
Vol 4 No 2 (2024): Al-Bay': Jurnal Hukum Ekonomi Syariah

Analisis Fiqh Muamalah terhadap Praktik Reseller dan Dropshipping: Problematika Kepemilikan Barang dan Peluang Usaha Syariah

Anis Agmalia (IAIN Langsa, Aceh, Indonesia)



Article Info

Publish Date
24 Dec 2024

Abstract

Ideally, every sale and purchase contract (bay') in Islamic law requires that the seller possess, or at least hold legitimate constructive control (qabd) over, the object being sold. The reality shows that reseller and dropshipping practices, which now dominate Indonesia's digital economy, are frequently carried out without the seller ever holding physical or constructive possession of the goods at the time the transaction takes place. This article aims to examine how classical and contemporary fiqh muamalah addresses the problem of goods ownership in reseller and dropshipping practices, and to explore the sharia-compliant business opportunities available within both models. Using a qualitative descriptive method based on library research, this study analyzes primary sources (the Qur'an, Hadith, and classical fiqh literature) together with secondary sources such as journal articles and DSN-MUI fatwas concerning online trade. The findings indicate that a pure sale contract used in dropshipping without ownership or authorization from the goods' owner is problematic because it contradicts the hadith prohibiting the sale of something one does not possess, yet the practice can be rendered valid once restructured into a wakalah bil ujrah, salam, or samsarah contract. This research contributes a practical mapping of sharia-compliant contractual alternatives for reseller and dropshipping actors as guidance for Muslim entrepreneurs navigating Indonesia's expanding digital marketplace.

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Journal Info

Abbrev

albay

Publisher

Subject

Description

AL-BAY’: Jurnal Hukum Ekonomi Syariah focuses on the study of Islamic economic law, sharia law, Islamic business law, and contemporary issues in sharia economics. The journal publishes theoretical, normative, empirical, and interdisciplinary studies on the development and application of Islamic ...