Membedah gharar dalam ekonomi digital: dalil, dampak, dan implikasinya bagi konsumen muslim

Abstract

The development of the digital economy has brought vast opportunities as well as new risks in modern transactions, particularly for Muslim consumers who are bound by the principles of Islamic law. One of the most significant issues in fiqh al-mu‘āmalāt that has become increasingly relevant in this context is gharar, which refers to uncertainty, speculation, or incomplete information within a contract. This article aims to comprehensively examine the concept of gharar by exploring its definitions according to both classical and contemporary scholars, as well as analyzing Qur’anic verses and prophetic traditions that explicitly prohibit such practices. The discussion continues by identifying various forms of gharar that appear in digital transactions, including purchases with unclear descriptions, pre-orders without certainty, illegal digital products, and fintech- or crypto-based investments lacking clear underlying assets. The analysis then highlights the impacts on Muslim consumers, including material losses, the loss of mutual consent (riḍā), and the potential mixing of wealth with invalid or unlawful elements. This article also outlines the fiqh implications and preventive measures needed so that consumers can engage in transactions that are safe, transparent, and Sharia-compliant. Thus, the study emphasizes that understanding the prohibition of gharar is