An Islamic Law Perspective on Online Buying and Selling Without Direct Inspection of Goods (Bay’ al-Ghaib) in E-Commerce Practices

Abstract

The rapid development of e-commerce has revolutionized traditional buying and selling practices, allowing transactions to occur without the physical presence of goods. This shift raises significant legal and ethical questions, especially in the context of Islamic law, which emphasizes clarity (bayyinah), the avoidance of uncertainty (gharar), and the protection of both buyers and sellers. This research analyzes online buying and selling practices specifically those conducted without the direct inspection of goods from the perspective of Islamic jurisprudence (fiqh muamalah). By reviewing classical concepts such as bay' al-ghaib and khiyar, and comparing them with modern e-commerce features like product descriptions, customer reviews, guarantees, and return policies, the study explores how contemporary mechanisms may fulfill Shariah requirements for fair and transparent trade. Using qualitative methods including literature review and analysis of current e-commerce platforms (e.g., Shopee, Tokopedia, Amazon), this research finds that while online transactions can be aligned with Islamic principles, greater attention must be given to issues such as trustworthiness, accuracy of product information, and the availability of buyer protections. The study concludes with recommendations to strengthen compliance with Islamic values in digital marketplaces, ensuring that Muslim consumers and sellers can engage ethically and confidently in online commerce.