The Application of Khiyar Principles to E-Commerce Transaction : The Islamic Economy Perspective

: This essay seeks to analyze the utilization of khiyar in e-commerce transactions within the context of Islamic economics. The principle of khiyar allows individuals to exercise the option to either proceed with or terminate a transaction. This theory is applicable to various types of buying and selling transactions, including those conducted in the realm of e-commerce. This study employs a normative legal methodology with an Islamic economic perspective, which is evaluated descriptively. The data was gathered through an extensive analysis of literary sources, including journal articles, books, journals, legal documents, and other relevant references pertaining to the topic of discussion. Islamic economic theory is applied as an analytical framework to examine the concept of khiyar (option) in the context of buying and selling in e-commerce transactions in Indonesia. The research findings indicate that the utilization of khiyar in e-commerce transactions, in accordance with the Islamic law, is permissible as long as it adheres to the prerequisites and fundamental principles of buying and selling. These include honesty, fairness, and the absence of any fraudulent elements. However, if harm is inflicted upon one of the parties involved, the transaction becomes unlawful. In the Islamic law, there is a rule stating that all forms of muamalah transactions are permissible, as long as there are no contradictory arguments prohibiting them. The contract and payment mechanisms in e-commerce transactions are considered to be in accordance with Islamic law and contain benefits, also in line with the opinion of the ulama in the fatwa of the Indonesian Ulema Council. From an Islamic economic standpoint, engaging in e-commerce transactions for buying and selling is sufficient to contribute to the nation's economic expansion, particularly benefiting the middle class and streamlining transactions


Introduction
Economic globalization has emerged as a prominent phenomenon in the world during the past two to three decades.The process is multi-dimensional and requires consistency and integration across various domains, such as economic, political, social, cultural, and ideological.Economic globalization is underpinned by beliefs that are frequently associated with inequality, including capitalism and liberalism.Islamic economics seeks to not only fulfil individual materialistic demands, but also to generate shared gain while avoiding harm to other parties.The Islamic economic idea seeks to adhere to the concepts of benefit and maqāṣid sharī'ah, which involve satisfying the five fundamental benefits (al-ḍarūriyat al-khams) in order to meet all essential needs and ensure the preservation of religion, soul, mind, lineage, and human assets. 1 The use of technology in Indonesia has greatly influenced the society, particularly in the realm of digital economic activity, specifically Micro, Small, and Medium Enterprises (MSMEs).One of the digital economic activities is to generate tangible advantages and offer chances for all economic participants to engage in transformation and innovation.Producers and distributors can advertise and market their products without incurring significant expenses for leasing or constructing a physical retail store.Consumers have the ability to acquire essential items without the need to physically go out of their residence for shoping.Technology enables us to accomplish tasks by employing online platforms such as media outlets, start-ups, markets, or e-commerce. 2 E-commerce transactions differ from direct transactions, such as those that take place in markets, malls, stores, and similar venues.In traditional commerce, tangible goods are typically involved, however in e-commerce, there is a lack of physical commodities that can be directly perceived directly.Nevertheless, in essence, rights and duties are equivalent to the act of directly purchasing and selling.E-commerce is the convergence of two parties engaged in a transaction, where one party purchases and the other party sells.A sale and purchase transaction will result in legal ramifications that establish rights and responsibilities.Transactions involving the exchange of goods or services will only take place if there are a minimum of two participants involved in the process.The seller, as the first party, is obligated to deliver the products or objects being sold and ensure that they are free from faults and safe for possession.The buyer, referred to as the second party, is required to make payment for the purchase price. 3he expansion of e-commerce in Indonesia has positively influenced the development of the country's digital economy.This has led to an increase in the number of Indonesian startups, with 992 businesses in total.Out of these, 352 firms, or 35.48%, are operating in the e-commerce sector.In the financial technology area, the percentage was 53 or 5.34%.In the gambling sector, it was 55 or 5.54%.In other fields, the percentage was 532 or 53.63%.Go-Jek, Traveloka, Tokopedia, and Bukalapak are all examples of unicorn startups, meaning they have a business valuation above one billion dollars.Go-Jek is valued at 5 billion dollars, Traveloka at 2 billion dollars, Tokopedia at 1.3 billion dollars, and Bukalapak at 1 billion dollars.The prevalence of this disease of Globalization from the Maqāṣid Syarī'ah Perspective," Journal of Islamic Law 1, No. 1 (2020).
3 Munir Fuady, Pengantar Hukum Bisnis: Menata Bisnis Modern di Era Global, Bandung: PT Citra Aditya Bakti, 2008, p. 25-26.The Application of Khiyar Principles to E-Commerce Transaction 406 Abd.Hafid., et.al.DOI: 10.22373/sjhk.v8i1.20890http://jurnal.ar-raniry.ac.id/index.php/samarahleads to a 37% internet usage rate in the digital economy of Indonesia, surpassing neighboring nations such as Malaysia (36%), Singapore, and Thailand (30%).This information highlights the positive progress in Indonesia's digital economy, indicating that the efforts to digitally transform Indonesia are starting to have an impact. 4evertheless, engaging in purchasing and selling endeavors, whether conducted in person or through the internet, cannot be divorced from the principles and regulations that serve as a framework to prevent instances of deception.Both parties are subject to regulations governing their rights and obligations in order to minimize the potential for damage.Gaining comprehension and meeting one's legal entitlements and responsibilities will facilitate the process of reaching a mutual agreement for both parties. 5One fundamental element in the realm of buying and selling is the requirement of mutual consent between the involved parties to prevent any occurrence of unfairness. 6ne method of preventing fraud is by fostering a transparent approach where the vendor grants the buyer the freedom to either forward with or terminate the transaction.Khiyar is the term used to refer to the right to decide whether to proceed with or terminate a deal.Khiyar seeks to identify the favourable option and prevent any doubts while deciding between proceeding with or cancelling the transaction. 7Khiyar rights provide the fulfilment of the desires and contentment of the parties involved in the transaction.
E-commerce facilitates transactions between parties, resulting in mutual success.According to Islamic economic principles, buying and selling refers to the voluntary exchange of property or the transfer of property rights to another person in return for a specific compensation or value.Under the Islamic law, ecommerce transactions are allowed as long as they adhere to the regulations of fiqh in the fundamental principles of muamalah transactions and meet the necessary requirements, provided they are not prohibited by the sharia or in conflict with its principles.Abd.Hafid., et.al.DOI: 10.22373/sjhk.v8i1.20890http://jurnal.ar-raniry.ac.id/index.php/samarahKhiyar is the principle that allows one to exercise the option of either proceeding with or terminating a deal.It also elucidates the need of practicing honesty and transparency in the process of purchasing and selling, as a means to acquire blessings.The notion of khiyar is applicable to all types of buying and selling transactions, including those conducted in e-commerce.Business individuals in the field of e-commerce are obligated to consistently offer purchasers with the option to use their khiyar rights.This paper seeks to analyze the utilization of khiyar in e-commerce transactions within the context of Islamic economics.Conducting this research is crucial due to the growing prevalence of digital buying and selling transactions, which need to comply with the norms of the Islamic law.
This study employs a normative legal methodology with an Islamic economic perspective, which is evaluated in a descriptive manner. 9The data was gathered by extensively analyzing literature sources, including journal articles, books, journals, legal documents, and relevant references pertaining to the topic of discussion.Islamic economic theory is employed as an analytical instrument to examine the concept of khiyar (option) in the context of buying and selling inside e-commerce transactions in Indonesia.

The concept of "khiyar" in the context of purchasing and selling
Muamalah practices are integral to the tenets of the Islamic faith.Business is a common form of muamalah practiced by many individuals.Business activities encompass all types of human endeavor, whether undertaken by individuals or groups, aimed at satisfying the necessities of existence according to established values and regulations.Islam, as a global religion, is applicable at any period and location where humanity engage in muamalah activities.Rasulullah SAW has provided a timeless model for doing commerce and trade, which includes principles such as honesty, fairness, trust, mutual advice, ensuring that the products being traded are halal in both substance and method of acquisition, and avoiding any form of fraud. 10uying and selling is a ubiquitous economic activity.According to Islamic principles, it is advised that all parties engaged in a transaction must provide a clear and detailed description of the nature and qualities of the products being bought and sold.This is done to prevent any potential losses to either party.Islam facilitates buying and selling transactions by granting individuals the power to choose, also known as the right of khiyar.The term "the obligation of khiyar" in Arabic translates to "the right of choice."The concept of khiyar, or the right of rescission, is extensively debated and analyzed by fiqh academics in the context of economic transactions.It grants both parties the authority to either proceed with the transaction or terminate it. 11s to Wahbah al-Zuhaily, khiyar refers to the voting right possessed by either one or both parties involved in a transaction.This right allows them to either proceed with or terminate the agreed transaction based on the criteria set by each side. 12According to Sayyid Sabiq, khiyar is a legal concept that tries to promote the well-being of both parties involved in a transaction, in order to prevent harm to either side.It grants the right to the person who initiated the transaction to either proceed with it or terminate it. 13bdurrahman al Jaziri explains that khiyar status refers to a situation where the prescription or permission is given, considering the advantages or disadvantages for each party involved in a contract or transaction. 14A transaction that involves a contract carries legally enforceable consequences.Thus, under these enforceable agreements, all the legal ramifications, as well as the established rights and obligations of the parties involved, will take effect.Therefore, khiyar can be executed if it is of immediate necessity. 15he purpose of granting the right of khiyar to the party conducting the transaction is to guarantee the buyer's autonomy in making a thoughtful decision before proceeding with the contractual transaction. 16The determination of the right to khiyar is a manifestation of voluntary agreement, where both parties experience contentment without any future remorse.This is because in genuine buying and selling transactions, the permission of the parties involved is a fundamental requirement for the execution of the contract. 17 The Application of Khiyar Principles to E-Commerce Transaction 409 Abd.Hafid., et.al.DOI: 10.22373/sjhk.v8i1.20890http://jurnal.ar-raniry.ac.id/index.php/samarahTherefore, the inclusion of khiyar rights in the process of purchasing and selling offers significant advantages for the parties involved in the contractual agreement.From the perspective of the seller, this will create an atmosphere of openness and honesty regarding the items being exchanged.On the buyer or consumer side, they will experience a sense of security and will not feel at a disadvantage due to the transactions that have taken place.The introduction of the right to khiyar is anticipated to incentivize buyers and sellers to exercise greater caution and foster competition in delivering optimal services to consumers.
When exercising the right of khiyar, there are various options available, such as: 18 a.Khiyar Majlis Khiyar Majlis refers to the legal right granted to both the seller and buyer to decide whether to proceed with or terminate a sale and purchase agreement, as long as both parties are still present in the same gathering or majlis.However, after the two parties have split, the khiyar majlis is no longer applicable. 19.Khiyar Aib Khiyar aib is a legal right that allows both parties involved in a transaction to choose whether or not to proceed.If a fault is discovered in the item being bought or sold, and the problem was not known to the owner at the time of the agreement, the buyer has the option to return the item.Wahbah Zuhaily states that any harm inflicted upon the thing involved in a contract can diminish its worth, whether it be in the form of physical damage, expiration, or alteration in color. 20. Khiyar Syarat Khiyar syarat refers to the specified rights granted to both parties involved in a transaction, allowing them to either proceed or terminate the deal based on mutually accepted circumstances.For instance, if the buyer states that the acquired products will be returned within 3 days, once the agreed-upon time has elapsed, the right of khiyar to cancel is no longer applicable.
d. Khiyar al ru'yah Khiyar al ru'yah can be translated as "the option of inspection" in English.Khiyar al-ru'yah refers to the buyer's prerogative to either proceed with or terminate a sale and purchase agreement in a transaction if the products involved have not been physically inspected at the time of the contract.buyer inspects the products and finds that they do not meet their expectations or desires, they have the right to terminate the sales and purchase agreement.
e. Khiyar ta'yin Khiyar ta'yin refers to the prerogative of the contracting party to select from among three specific attributes of the goods included in the transaction.This power of choice may pertain to discerning disparities in the quality of the commodities.Khiyar ta'yin grants customers the privilege to select things based on their own preferences and the highest quality, free from any external influence or coercion. 21hus, any individual engaged in a transaction of buying and selling has the ability to use the right of khiyar in line with the specified circumstances or desires of the contracting party.The purpose of this is to prevent unfairness in transactions.
Correspondingly, the concept of khiyar in the Quran is present in QS.Al-Nisa 29 refers to a certain verse in the Quran: Meaning: O believers!Do not devour one another's wealth illegally, but rather trade by mutual consent.And do not kill ˹each other or˺ yourselves.Surely Allah is ever Merciful to you.
Similar narration is also found in the following hadith: strategic role in maintaining the interests, transparency, benefit, and willingness of both parties in conducting transactions and protecting them from losses and losses for all parties.This shows concern for fairness in transactions as an effort for the common good to protect the rights of the parties. 24onventional stores are increasingly using digital marketing to adapt to the growing trend of digital technology.This is because people's needs are now being fulfilled through digital applications.E-commerce has proven to be beneficial for the Indonesian economy, especially during the COVID-19 pandemic, as there has been a significant increase in consumer visits to ecommerce platforms.Online shopping is preferred by consumers due to its practicality and effectiveness in terms of cost, energy, and time.The growth of e-commerce can also contribute to economic development by providing opportunities for micro and small entrepreneurs.It is important to note that the legal principles governing online buying and selling are similar to those of traditional buying and selling, including the As-Salam contract which is permissible in Islamic law. 25 The concept of e-commerce buying and selling creates an agreement between the parties to provide an achievement.According to Islamic law, buying and selling is a voluntary exchange of property or the process of transferring property rights to another person with compensation or certain rewards.E-commerce buying and selling is legally permissible, if it complies with the rules of fiqh in the basic principles of muamalah transactions and its requirements as long as it is not prohibited by sharia or contrary to the propositions.There is a significant influence between buying and selling using e-commerce on business income in Small and Medium Enterprises, for example in the culinary sector in an area with development in a positive direction.Buying and selling using e-commerce has a positive and significant effect on competitive advantage and determinant tests, so the majority of buying and selling using e-commerce has a significant influence on business income in Small and Medium Enterprises. 26-commerce transactions are subject to regulation under Islamic law, requiring sellers and buyers to adhere to these regulations.The Imam Syafi'i Madzhab provides guidelines on how to properly conduct buying and selling, including online transactions through various platforms.According to the Imam The development of e-commerce cannot be separated from the growth of internet users in the society.The use of the internet has become an effective medium for business people in carrying out transactions.E-commerce is a modern business model of non-fice (not physically present) and non-sign (not using a real signature).The presence of e-commerce allows the creation of healthy competition between small, medium and large companies in capturing market share.In Indonesia, this e-commerce phenomenon has been known since 1996 with the emergence of the site http://www.sanur.com/as the first online bookstore.Throughout 1997-1998 the existence of e-commerce in Indonesia was somewhat neglected due to the economic crisis.The development of internet technology, which has an increasingly wider reach, has had a real impact on the development of e-commerce, this can be seen by the presence of various startups, websites and online shops that are so easy to get.In the 2010s, one by one e-commerce in Indonesia began to appear as a transaction platform, one of which was Go-Jek.An application that initially only delivered and picked up customers.However, now the features have increased, including ordering food and providing services for electricity bills, telephone and so on.The emergence of Go-Jek was an inspiration for the emergence of various ecommerce such as Shopee, Tokopedia, Bukalapak and so on.
The application of khiyar in e-commerce, which is currently advancing, can be classified as khiyar majlis, referring to the buying and selling that takes place in separate locations.This is made possible by technological advancements that enable communication and transactions to occur online.Consequently, both parties involved in online transactions can be considered part of the same assembly.The increasing number of virtual meetings and decisions made in this context can be seen as a manifestation of modern culture.
According to the Islamic economic law, the practice of khiyar or ecommerce buying and selling is not in conflict.This is supported by references in the Qur'an, hadith, and various rules in the Islamic law.One such rule is al 'adatu muhakkamah )ا‬ which states that the customs of a community can serve as legal justification.If a society deems something to be good and proper, it can be considered legally acceptable as long as it does not contradict Sharia.Additionally, the principle "basically all muamalah can be done, unless there is an argument that forbids it" applies.This principle allows for permissibility in muamalah, unless there is a clear argument that explicitly prohibits it.It serves as the fundamental basis for determining laws related to muamalah. 33lthough there are possibilities for implementing khiyar rights in ecommerce transactions, the majority of sellers have not actually done so.This is 33 Abidin Nurdin, et.al., "Tujuan Hukum Islam untuk Kemaslahatan Manusia: Penerapan Kaidah Fiqhiyah dalam Bidang Ekonomi dan Hukum Keluarga," El-Usrah: Jurnal Hukum Keluarga 5, No. 1 (2022).
The Application of Khiyar Principles to E-Commerce Transaction 416 Abd.Hafid., et.al.DOI: 10.22373/sjhk.v8i1.20890http://jurnal.ar-raniry.ac.id/index.php/samarahdue to a combination of sellers prioritizing material profit over consumer satisfaction and a lack of public awareness about the rights that both buyers and sellers have in such transactions. 34-commerce transactions through pre-order online shops involve consumers providing evaluations of the goods being transacted.These evaluations can be expressions of satisfaction, disappointment, or complaints, which fall under the category of khiyar majlis as they are part of the same transaction.If consumers request an exchange or return due to a defect, the option of khiyar Aib is implemented. 35ccording to the rules of fiqh, all forms of muamalah transactions are considered permissible unless they are explicitly prohibited in sharia or contradicted by valid arguments.Therefore, transactions conducted through technological means, such as e-commerce, are allowed.This is justified by the principle of maslahah, which permits the utilization of technological advancements as long as there are no harmful deviations for the parties involved in the transaction.However, if there is fraudulent activity that results in loss for one of the parties, then the transaction is considered haram (unlawful).
E-commerce transactions conducted digitally, without face-to-face interaction between the seller and buyer, present a challenge in terms of the suitability and validity of the contract from an Islamic economic perspective.According to this perspective, e-commerce transactions align with the general sales and purchase contracts in the Islamic law, as stated by contemporary scholars in their fatwas.These transactions are deemed compliant with Sharia law and do not harm either party involved.Therefore, the application of buying and selling khiyar in e-commerce can be carried out in accordance with the principles of the Islamic law, including the Quran, hadith, and the opinions of scholars, as well as the fatwa of the Indonesian Ulema Council.

Conclusion
Globally, economic growth supported by e-commerce buying and selling is increasing and has a positive impact on economic growth in Indonesia.The principle of khiyar is chosen to continue or cancel a transaction which applies generally to buying and selling transactions, including buying and selling in e-commerce.The application of khiyar in e-commerce buying and selling transactions according to the Islamic law is permissible, if it meets the requirements and pillars of buying and selling, for example: it is honest, fair and there is no element of fraud, but if there is harm to one of the parties then the buying and selling is unlawful.Apart from that, there is a rule in the 34 Galuh Tri Pambekti, Tinjauan Hukum Islam Terhadap Pelaksanaan Khiyar pada Jual Beli On-Line di Indonesia," Jurnal Akses 12, No. 24, (2017).
The Application of Khiyar Principles to E-Commerce Transaction 417 Abd.Hafid., et.al.DOI: 10.22373/sjhk.v8i1.20890http://jurnal.ar-raniry.ac.id/index.php/samarahIslamic law that "the original law of all forms of muamalah transactions is permissible, as long as there are no prohibitions with contradictory arguments," as well as "al-adatu muhakkamah," which means custom or habit can be used as a legal basis.The contract and payment mechanism in e-commerce transactions is considered to be in accordance with general sales and purchase contracts in Islamic economics, because it is also in line with the opinion of the ulama in the fatwa of the Indonesian Ulema Council that e-commerce transactions do not violate the Shari'a and do not harm both parties.Then, from an Islamic economic perspective, buying and selling with e-commerce transactions can improve the nation's economy and help middle economic communities, making transactions easier, so that the value of the benefits and benefits are in accordance with the Islamic economic principles.