SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah,Vol 01, no.

04 (2024): 206-214
Publisher: Yayasan Dermawan Cendikiawan Bersatu
E-ISSN: 3047-8219

An Islamic Law Perspective on Online Buying and Selling

Without Direct Inspection of Goods (Bay’ al-Ghaib) in E-
Commerce Practices
Aaizulrahman Fikra
Program Studi Hukum & Ekonomi Syariah, Fakultas Agama Islam, Universitas Muhammadiyah Makassar,
Indonesia

Abstract: The rapid development of e-commerce has revolutionized Article history

traditional buying and selling practices, allowing transactions to occur Submitted 123-10-2024
without the physical presence of goods. This shift raises significant legal and Revised 18-11-2024
Accepted 25-12-2024
ethical questions, especially in the context of Islamic law, which emphasizes
clarity (bayyinah), the avoidance of uncertainty (gharar), and the protection Keywords
of both buyers and sellers. This research analyzes online buying and selling Islamic Law;
practices specifically those conducted without the direct inspection of goods E-commerce;
from the perspective of Islamic jurisprudence (fiqh muamalah). By reviewing Bay’ al-Ghaib;
classical concepts such as bay' al-ghaib and khiyar, and comparing them with Gharar (Uncertainty);
modern e-commerce features like product descriptions, customer reviews, Online Buying and Selling.
guarantees, and return policies, the study explores how contemporary
© 2024 by author(s).
mechanisms may fulfill Shariah requirements for fair and transparent trade.
Licensee Syariat.
Using qualitative methods including literature review and analysis of This article is licensed under
current e-commerce platforms (e.g., Shopee, Tokopedia, Amazon), this the term of the Creative
research finds that while online transactions can be aligned with Islamic Commons Attribution-
principles, greater attention must be given to issues such as trustworthiness, NonCommercial 4.0
accuracy of product information, and the availability of buyer protections. International License (CC BY-
The study concludes with recommendations to strengthen compliance with NC 4.0).
Islamic values in digital marketplaces, ensuring that Muslim consumers and
sellers can engage ethically and confidently in online commerce.
Corresponding Author:
Research Highlights:
• Examines the compatibility of online buying and selling with Name:
Islamic commercial law principles, focusing on transactions Aaizulrahman Fikra
without physical inspection of goods. Email:
aaizulrahmanfikra@gmail.com
• Explores the concept of bay’ al-ghaib (sale of unseen goods)
and its permissibility in Islamic jurisprudence under certain
conditions.
• Identifies key Islamic legal concerns such as gharar
(uncertainty), fraud, and the need for transparency in digital
marketplaces.
• Analyzes how modern e-commerce features (e.g., product
descriptions, buyer reviews, return policies) reduce
uncertainty and support ethical trade.
• Provides practical recommendations for Muslim consumers,
sellers, and platform providers to ensure Shariah-compliant
online transactions.
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INTRODUCTION
In the modern era, technological advancements have significantly transformed the way individuals engage
in economic transactions. One of the most notable developments is the emergence and rapid growth of
online buying and selling (e-commerce)(Gupta, 2014). Through various platforms such as marketplaces,
mobile applications, and social media, consumers can now purchase goods and services without having to
meet sellers or physically inspect the products beforehand. This convenience has led to widespread
adoption of online transactions across the globe, including in predominantly Muslim countries(Ashraf et
al., 2014).
The growth of e-commerce is driven by several factors. First and foremost is convenience.
Consumers no longer need to visit physical stores to make purchases; instead, they can shop from the
comfort of their homes at any time of day(Satterthwaite, 2001). With just a smartphone or computer,
individuals can browse thousands of products, compare prices, read customer reviews, and complete
transactions in minutes. This accessibility is especially beneficial for people living in remote or rural areas,
where access to diverse products or traditional markets may be limited.
Secondly, the expansion of digital payment systems and the widespread use of mobile banking
and digital wallets have made online transactions more secure and efficient(Dapp et al., 2012). Platforms
such as PayPal, Apple Pay, and various fintech solutions in different countries have simplified the payment
process, reducing reliance on cash and encouraging more people to participate in online commerce.
Additionally, the growth of social media and digital marketing has played a key role in driving e-
commerce. Many businesses, both large and small, now use platforms like Instagram, Facebook, and
TikTok to market their products and engage with customers directly(Haenlein et al., 2020). These platforms
allow sellers to reach broader audiences, build brand loyalty, and receive instant feedback.
From a business perspective, e-commerce offers significant advantages. It reduces the need for
physical infrastructure, lowers operational costs, and allows businesses to operate on a global
scale(Stratman, 2008). This has led to the emergence of countless online entrepreneurs, startups, and small-
scale businesses who use platforms like Shopee, Tokopedia, Lazada, Amazon, and eBay to reach customers
far beyond their local areas.
The COVID-19 pandemic further accelerated the adoption of online shopping(De Villiers, 2020).
Lockdowns and movement restrictions forced consumers to turn to digital platforms for their essential and
non-essential needs. This not only normalized e-commerce but also changed consumer expectations many
now prefer the speed, flexibility, and personalization that online shopping offers.
Despite its many benefits, the growth of e-commerce also presents challenges. Issues such as data
security, fraud, misleading product descriptions, and lack of personal interaction remain significant
concerns. Furthermore, for Muslim consumers, there are additional questions regarding the compliance of
online transactions with Islamic law, particularly when goods are purchased without physical inspection.
A growing body of academic work has emerged to analyze and address these issues from both
classical and contemporary Islamic legal perspectives(Sahin, 2018). One key area of research has focused
on the permissibility of selling unseen goods, which is central to the structure of most e-commerce
transactions. Scholars such as Wahbah al-Zuhayli and Yusuf al-Qaradawi have provided foundational
views on the permissibility of transactions involving bay' al-ghaib (selling something not physically
present), especially when the buyer has sufficient information and guarantees. Building on this,
contemporary researchers such as Hasanuddin (2016) and Aminudin (2018) have explored how online
sales can be aligned with Islamic law through mechanisms like detailed product descriptions, images, and
return policies, which serve to mitigate uncertainty and deception.
Another significant contribution comes from studies that examine consumer protection in Islamic
e-commerce. For example, research by Zulfikar and Rahmah (2017) assessed online buying practices in
Indonesia and concluded that when e-commerce platforms offer clear return and refund policies, these
practices may be considered sharia-compliant, as they uphold the buyer's right of khiyar (option) if the
product does not match its description. These studies emphasize the role of trust, transparency, and
information accuracy in ensuring valid and ethical transactions under Islamic law.
Furthermore, scholars such as Shofwan Karim (2019) and Huda & Saputra (2020) have investigated
how digital Islamic marketplaces can be structured to follow Islamic legal principles. These studies often
propose frameworks or models for Islamic e-commerce that incorporate elements such as halal certification,
208

interest-free transactions, and avoidance of prohibited items. They also stress the importance of integrating
Islamic ethics (akhlaq) alongside legal requirements to promote honesty and mutual benefit in online trade.
Research has also expanded into the role of Islamic institutions, such as the Indonesian Ulema
Council (MUI) and AAOIFI, in issuing fatwas and guidelines to help Muslim consumers and entrepreneurs
navigate the digital marketplace. These include fatwas that allow online transactions under certain
conditions, such as when there is no ambiguity about the object of sale and when the buyer has recourse if
the goods are not as promised.
More recent studies have looked at the application of Islamic legal maxims (qawa'id fiqhiyyah) to
online commerce. For example, Nurhaliza (2021) used the maxim "al-gharar yufsid al-‘uqud" (uncertainty
invalidates contracts) to analyze the risks involved in e-commerce and how they can be minimized through
digital tools like buyer reviews, tracking systems, and dispute resolution features.
However, this shift has raised important legal and ethical questions, particularly from the
perspective of Islamic law (Shariah). Islam places a strong emphasis on transparency, honesty, and fairness
in commercial dealings. Traditional Islamic jurisprudence (fiqh muamalah) typically requires clear
knowledge of the object being sold, consent from both parties, and the absence of deceit or uncertainty
(gharar). In conventional transactions, buyers are usually allowed to inspect goods directly before making
a purchase decision, which helps ensure clarity and mutual satisfaction. The practice of buying and selling
without directly seeing the goods, which is common in online marketplaces, potentially introduces
elements of risk and ambiguity that may conflict with these principles.
This issue becomes even more relevant considering the increasing number of Muslim consumers
and entrepreneurs participating in the digital economy. There is a growing need to analyze whether such
online transactions align with Islamic legal principles, and under what conditions they may be considered
valid or invalid. Islamic scholars and fatwa institutions have begun addressing these concerns, but there is
still considerable debate and lack of consensus on various aspects, such as the permissibility of selling
unseen items, the legitimacy of online contracts, and the role of consumer protection mechanisms like
return policies.
Therefore, this research seeks to examine the practice of online buying and selling without seeing
the goods directly from the perspective of Islamic law, identify potential conflicts with shariah principles,
and explore solutions or conditions that can ensure compliance with Islamic business ethics. By doing so,
the study aims to contribute to a clearer understanding of how modern e-commerce can operate within the
framework of Islamic jurisprudence.

METHOD
This research employs a qualitative descriptive method to analyze the practice of online buying and selling
from the perspective of Islamic law. The qualitative approach is appropriate for this study as it allows for
an in-depth understanding of legal principles in Islamic jurisprudence (fiqh muamalah), particularly in
relation to modern e-commerce transactions(ABD GHANI & OTHMAN, 2020). The descriptive aspect
helps to systematically describe the online buying and selling phenomenon, its mechanisms, and how it
aligns or conflicts with Islamic legal norms.
The study is based primarily on library research (library-based study). It involves collecting,
reviewing, and analyzing various sources of literature, including classical Islamic jurisprudence books,
contemporary scholarly writings, fatwas, academic journals, and legal documents that address commercial
transactions in Islam(Faisalal, 2019). Core references include texts from major schools of Islamic thought
(madhahib), works by modern Islamic economic scholars, and official publications from Islamic legal
institutions such as the Majelis Ulama Indonesia (MUI) and AAOIFI (Accounting and Auditing
Organization for Islamic Financial Institutions).
In addition, the researcher examines case studies and real-world examples of e-commerce
transactions to provide a contextual understanding of how online buying and selling is practiced today.
These case studies are drawn from popular e-commerce platforms such as Tokopedia, Shopee, Lazada, and
Bukalapak. Special attention is given to the transaction process, product representation, buyer-seller
agreements, and dispute resolution mechanisms(Lumineau & Henderson, 2012). These aspects are then
assessed against the standards set by Islamic legal principles to determine their compliance or deviation.
To strengthen the analysis, the study also includes a normative juridical approach, which involves
evaluating the legal status (hukm) of specific transaction practices based on Islamic legal sources such as

An Islamic Law Perspective on Online Buying and Selling Without Direct Inspection of Goods (Bay’ al-
Ghaib) in E-Commerce Practices (Aaizulrahman Fikra)
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the Qur’an, Hadith, ijma' (consensus), and qiyas (analogy)(bin Tuan Soh, 2019). Through this approach,
the researcher aims to determine whether the practice of buying and selling goods online without
physically seeing them fulfills the legal requirements of a valid transaction (akad jual beli) in Islam.
In cases where there are differing opinions among Islamic scholars, the researcher compares these
views and analyzes the rationale behind each position(Rosen, 2000). The goal is not only to identify what
is permissible or impermissible, but also to explore how Islamic law can be adapted or applied to emerging
digital commerce trends while still upholding core ethical and legal principles.
Finally, the findings are interpreted and presented thematically, with conclusions drawn about the
legitimacy, risks, and recommended practices for Muslims engaging in online commerce(Johnson et al.,
2017). This methodological approach ensures that the research provides both a theoretical and practical
understanding of the issue, serving as a reference for scholars, practitioners, and consumers alike.

RESULTS AND DISCUSSION

Results
The results of this study indicate that the practice of buying and selling goods online without
directly seeing them commonly referred to as e-commerce is generally permissible in Islamic law, provided
that specific conditions are met. Based on an analysis of classical Islamic jurisprudence (fiqh muamalah),
contemporary fatwas, and real-world e-commerce practices, several key findings emerge.
First, the concept of selling unseen goods (bay’ al-ghaib) is not inherently forbidden in Islam.
Classical scholars from the four major madhahib (Hanafi, Maliki, Shafi'i, and Hanbali) have discussed this
issue, and while some express reservations due to concerns over gharar (excessive uncertainty), many
agree that a sale can still be valid as long as the object of sale is clearly known and defined by the buyer.
This principle supports the idea that modern online transactions can be permissible when accompanied by
detailed product descriptions, photographs, videos, and guarantees.
Second, Islamic law emphasizes transparency, mutual consent (ridha), and justice in every
transaction. The research found that many e-commerce platforms today incorporate features that help meet
these requirements, such as customer reviews, seller ratings, refund policies, and product return
mechanisms. These features reduce the level of uncertainty and risk faced by buyers, thus fulfilling the
Islamic condition of clarity in contract terms.
Third, the practice of online buying and selling aligns with the Islamic legal maxim “al-aslu fil
mu’amalat al-ibahah” (the original ruling in transactions is permissibility), which allows for flexibility and
innovation in commercial dealings as long as they do not involve elements that are explicitly prohibited.
Therefore, the absence of physical inspection does not automatically invalidate a sale, especially when
supported by sufficient information and protective measures for both parties.
However, the research also highlights certain problematic practices in online commerce that could
render a transaction invalid or unethical in Islamic law. These include deceptive product representations,
unclear pricing, lack of customer recourse in case of product defects, and sales involving haram (prohibited)
items such as alcohol or usury-based services. Transactions involving these elements are clearly against
the objectives of shariah (maqasid al-shariah), which seek to preserve wealth, honesty, and social trust.
Additionally, the study finds that Islamic institutions such as the Indonesian Ulema Council (MUI)
have provided fatwas that support the permissibility of online commerce, as long as certain conditions are
met. These include the presence of a valid offer and acceptance (ijab qabul), clarity about the item being
sold, lawful ownership, and freedom from coercion or deception. This institutional guidance helps
reassure Muslim consumers and sellers that participating in online markets can be done ethically and
lawfully.
In summary, the findings show that while online buying and selling without physically seeing the
goods is a departure from traditional Islamic trading practices, it is not necessarily in conflict with Islamic
principles. When the transaction process upholds transparency, fairness, and consumer protection, it is
considered permissible (mubah) and even recommended (mustahabb) as a way to facilitate ease in trade
and economic development. However, ethical vigilance and compliance with Islamic legal standards
remain essential to ensure that such transactions remain within the bounds of shariah.
The Legal Status of Buying Without Seeing the Goods in Traditional Islamic Law
In traditional Islamic law (fiqh), the legality of buying and selling goods without directly seeing
them known as bay’ al-ghaib (sale of the unseen) has been a subject of considerable scholarly debate. This
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issue revolves around the Islamic legal principle of avoiding gharar (excessive uncertainty or ambiguity),
which is prohibited in commercial transactions(Waemustafa & Suriani, 2016). Islamic law emphasizes
fairness, clarity, and mutual consent in contracts, and anything that may lead to dispute or deception is
generally discouraged or forbidden.
According to classical jurists, the basic condition for a valid sale includes a clear understanding of
the object of sale (ma’qud ‘alayh)(Khan, 2018). This includes knowing its type, quantity, quality, and
essential characteristics. In a traditional market setting, this is usually achieved by physical inspection.
However, when a buyer purchases an item without seeing it or knowing sufficient detail about it, the
transaction may be considered invalid or haram due to the high risk of misunderstanding or dissatisfaction,
which can lead to disputes.
The majority of scholars from the four Sunni schools of thought Hanafi, Maliki, Shafi’i, and
Hanbali generally consider a sale without seeing the goods to be prohibited (batil) if the item is unknown
or ambiguous in nature. They base this on various hadiths of the Prophet Muhammad (peace be upon him)
that prohibit sales involving uncertainty. One well-known hadith states:
“The Prophet forbade the sale of gharar.” (Narrated by Muslim). However, traditional scholars
also provided exceptions to this ruling. For instance, if the item is well-defined, customarily known, or the
buyer trusts the seller’s description, some jurists permit such transactions. This is particularly true if there
is a clause in the contract allowing the buyer to return the goods if they do not meet expectations (a type
of khiyar or option). In this context, the transaction is considered conditionally valid.
The Hanafi school is relatively more flexible and allows sales without seeing the goods if the buyer
has accurate information and the goods are clearly described(Albaqme, 2009). The Maliki and Shafi’i
schools are stricter, generally requiring either direct inspection or the ability to return the product. The
Hanbali school allows such sales when the buyer has prior knowledge or experience with the item being
bought, thus reducing uncertainty.
While traditional Islamic law generally prohibits the sale of goods that have not been seen due to
the risk of gharar, it also provides room for exceptions based on custom (‘urf), trust, and adequate
description. This foundational debate laid the groundwork for modern discussions on e-commerce
transactions in Islamic jurisprudence, where digital tools now provide new ways to fulfill these classical
conditions without requiring physical inspection.
The Concept of ‘Bay’ al-Ghaib’ (Selling Something Not Physically Present)
In Islamic commercial jurisprudence, the concept of ‘bay’ al-ghaib’ refers to the sale of goods that
are not physically present or visible to the buyer at the time of the transaction(Nur, 2008). This form of sale
is significant because it challenges the traditional expectation that buyers should inspect the goods before
purchase, thereby raising concerns about uncertainty (gharar) and fairness, which are key principles in
Islamic law.
The term ‘ghaib’ literally means “unseen” or “absent.” In the context of sales, it describes
transactions where the item sold is either located elsewhere, yet to be produced, or otherwise not accessible
for immediate physical examination by the buyer. Examples include selling agricultural produce that has
not yet been harvested, fish caught but not yet delivered, or, in modern times, products offered for sale
through online platforms without the buyer seeing the physical item.
Islamic jurists have debated the permissibility of ‘bay’ al-ghaib’ extensively(Shah, 2015). Classical
scholars acknowledge that while certainty and transparency in trade are fundamental, Islam also
recognizes practical realities where the sale of unseen goods may be necessary or beneficial. The Prophet
Muhammad (peace be upon him) himself engaged in such transactions, and these instances have been used
as precedents to permit ‘bay’ al-ghaib’ under certain conditions.
One of the key considerations in validating ‘bay’ al-ghaib’ is the avoidance of gharar, which means
avoiding excessive ambiguity or risk that could lead to dispute or injustice. To mitigate gharar, Islamic law
requires that the buyer has sufficient information about the goods including clear descriptions of quality,
quantity, and specifications so that the buyer's consent is informed and free from deception. The presence
of a trustworthy seller and the buyer’s right to rescind or return the goods if they do not meet the promised
standards further support the legitimacy of such sales.
Moreover, the acceptance of ‘bay’ al-ghaib’ varies among Islamic legal schools. For example, the
Hanafi school is generally more lenient, allowing sales of unseen goods if the item is well defined and
customary practices justify the transaction. Other schools, such as the Maliki and Shafi’i, emphasize stricter

An Islamic Law Perspective on Online Buying and Selling Without Direct Inspection of Goods (Bay’ al-
Ghaib) in E-Commerce Practices (Aaizulrahman Fikra)
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conditions such as the buyer’s right of inspection upon delivery and the possibility of return if the goods
are defective or not as described.
In the context of modern e-commerce, ‘bay’ al-ghaib’ has gained renewed relevance. Online buying
and selling inherently involve transactions where goods are not physically inspected prior to purchase(Cha,
2011). Islamic scholars today often draw upon the principles governing ‘bay’ al-ghaib’ to assess the
permissibility of e-commerce. They stress the need for transparent information, clear terms of sale, return
policies, and dispute resolution mechanisms to ensure that such transactions remain within the ethical and
legal framework of Islamic law.
The Role of Trust, Reviews, Product Guarantees, and Return Policies in Replacing Physical Inspection
In traditional commerce, physical inspection of goods before purchase has been a fundamental
element to ensure the buyer’s satisfaction and to reduce uncertainty. However, with the rise of online
buying and selling, especially in the context of e-commerce, buyers often cannot physically examine
products before completing a transaction. This absence of direct inspection raises concerns about the
authenticity, quality, and condition of goods. To bridge this gap, modern e-commerce platforms and sellers
rely heavily on mechanisms such as trust, customer reviews, product guarantees, and return policies as
substitutes for physical inspection, playing a critical role in protecting consumers and facilitating smooth
transactions.
Trust is the cornerstone of any successful commercial transaction, more so in the online
environment where the buyer and seller are physically separated(Ren & Hassan, 2008). Trust reduces
perceived risks associated with buying unseen goods and encourages repeated interactions. In Islamic
commercial ethics, trust (amanah) is also a highly emphasized virtue, underscoring the seller’s
responsibility to be honest and transparent. Sellers who consistently provide accurate descriptions and
reliable products build their reputation, which becomes a vital asset in attracting customers.
Customer reviews and ratings serve as social proof and a powerful tool for building this trust.
Through reviews, buyers share their experiences about the product quality, delivery time, and seller
reliability. Prospective buyers can evaluate these reviews before making purchasing decisions, reducing
uncertainty and mimicking the confidence gained from physical inspection(Lee & Bradlow, 2011). This
system not only empowers consumers but also holds sellers accountable, as negative reviews can deter
future buyers.
Product guarantees and warranties further strengthen buyer confidence. Guarantees assure
customers that the seller stands behind the product’s quality, promising repair, replacement, or refund if
the product fails to meet stated standards. This assurance is crucial in Islamic law’s emphasis on fairness
and justice in transactions, as it helps prevent disputes and potential exploitation resulting from product
defects or misrepresentations.
Complementing guarantees are return policies, which provide a formal avenue for buyers to reject
or return goods if they do not conform to expectations(Altug & Aydinliyim, 2016). Return policies
effectively replicate the option to physically inspect and reject defective products, thus addressing concerns
over gharar (excessive uncertainty) and ensuring the buyer’s right to rectify mistakes in purchase decisions.
In Islamic commercial jurisprudence, such rights (known as khiyar) are essential to uphold justice and
protect the parties involved in a contract.
Together, these elements trust, reviews, guarantees, and return policies create an ecosystem of
transparency and security that compensates for the lack of physical inspection in online transactions. They
enable buyers to make informed choices, minimize the risks of deception or dissatisfaction, and uphold
ethical commercial practices in line with Islamic legal principles.
Comparison Between Islamic Law Principles and Current E-Commerce Practices
The rapid growth of e-commerce platforms such as Shopee, Tokopedia, and Amazon has
transformed the way people buy and sell goods globally. These platforms enable transactions where
buyers often purchase products without physically inspecting them beforehand. This modern commercial
phenomenon invites examination through the lens of Islamic law (Shariah), which provides ethical and
legal guidelines for trade and commerce, emphasizing fairness, transparency, and mutual consent(Making
et al., n.d.).
One of the fundamental principles of Islamic commercial law is the prohibition of gharar excessive
uncertainty or ambiguity in contracts. Islamic law requires that the object of sale be clearly defined, and
the buyer must have sufficient information about the goods to make an informed decision(Hassan, 2007).
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E-commerce platforms have addressed this principle by providing detailed product descriptions, high-
quality images, customer reviews, and seller ratings. For example, platforms like Shopee and Tokopedia
require sellers to include comprehensive specifications and photos, while Amazon features extensive
customer feedback and Q&A sections. These features help reduce uncertainty, fulfilling the Shariah
condition of clarity in sales contracts.
Another key principle in Islamic law is honesty and transparency in trade, rooted in the concept
of amanah (trustworthiness). Sellers are obligated to provide truthful information and not engage in
deception or fraud. E-commerce platforms have increasingly implemented measures to enforce these
principles, including strict seller verification processes, policies against counterfeit goods, and customer
protection programs. For instance, Amazon's A-to-z Guarantee and Shopee’s buyer protection initiatives
ensure that buyers receive genuine products or have recourse in case of disputes, aligning closely with
Islamic ethics.
The right of the buyer to inspect and return goods, an important aspect of Islamic contracts known
as khiyar al-ru’yah (option of inspection), is adapted in the e-commerce context through return and refund
policies. Platforms like Tokopedia and Amazon allow customers to return products within a specified
period if the items do not match descriptions or are defective(Masputra & Akbar, 2017). These return
policies emulate the Islamic principle of allowing buyers to avoid uncertainty by rejecting goods that do
not meet expectations, thereby promoting justice and fairness.
However, there remain challenges and gaps between Islamic law and current e-commerce
practices. Islamic law prohibits selling haram (forbidden) goods or services, such as alcohol, pork, or
usurious financial products. While platforms strive to regulate content, some prohibited items may still
appear on global marketplaces, necessitating stronger monitoring aligned with Islamic ethical standards.
Moreover, the principles of mutual consent and absence of coercion require transparent communication
and voluntary agreement, which can be compromised by aggressive marketing tactics or hidden terms and
conditions on some platforms.
While modern e-commerce platforms like Shopee, Tokopedia, and Amazon have implemented
many features that resonate with Islamic commercial principles such as transparency, protection against
uncertainty, and buyer rights there is ongoing work to fully harmonize these practices with Shariah
requirements. Ensuring strict compliance with Islamic ethics will involve continuous enhancement of
platform policies, seller accountability, and consumer education, enabling Muslims to participate
confidently and ethically in the digital marketplace(Abbasi & Raj, 2020).

CONCLUSION
In conclusion, the practice of buying and selling goods without physical inspection commonly encountered
in online commerce presents both challenges and opportunities when viewed through the lens of Islamic
law. Traditional Islamic jurisprudence emphasizes the importance of clarity, fairness, and the avoidance
of uncertainty (gharar) in transactions. While classical scholars generally regard sales without direct
inspection with caution, they also acknowledge exceptions based on trust, clear product descriptions, and
buyer protections, which align well with many aspects of modern e-commerce. The emergence of e-
commerce platforms such as Shopee, Tokopedia, and Amazon has introduced innovative mechanisms
such as detailed product information, customer reviews, product guarantees, and return policies that help
bridge the gap created by the absence of physical inspection. These features contribute significantly to
reducing uncertainty and enhancing transparency, thereby addressing key Islamic legal principles and
ethical considerations. Nevertheless, challenges remain in fully harmonizing e-commerce practices with
Islamic law. Issues such as the sale of prohibited items, misleading advertisements, and lack of consumer
awareness can undermine the ethical foundation of trade. Therefore, it is essential for e-commerce
stakeholders including platform providers, sellers, and regulatory bodies to ensure that Islamic ethical
principles are respected and upheld. Based on these findings, several recommendations are proposed, E-
commerce platforms should enforce stricter verification and monitoring processes to prevent fraudulent
or deceptive practices, ensuring sellers adhere to honesty and transparency as required by Islamic law.
Muslim consumers should be educated about their rights in online transactions, including how to verify
product authenticity, understand return policies, and seek redress in cases of dispute, aligning their
practices with Islamic commercial ethics. Platforms should standardize and clearly communicate return
and warranty policies, providing buyers with the khiyar al-ru’yah (right of inspection) equivalent in the

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Ghaib) in E-Commerce Practices (Aaizulrahman Fikra)
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digital context to minimize gharar. Authorities and platform managers need to collaborate to strictly
regulate and monitor the presence of haram products, ensuring compliance with Islamic prohibitions and
consumer protection laws. Developing dedicated Islamic e-commerce platforms that strictly follow Shariah
principles can offer Muslim consumers an ethical alternative aligned with their faith. In sum, by integrating
Islamic legal principles with technological advances and consumer protection practices, online buying and
selling can become a trusted, fair, and ethical marketplace that benefits both buyers and sellers while
respecting Islamic values.

AUTHORS’ DECLARATION
Authors’ Contributions and Responsibilities
The author of this research take full responsibility for the conceptualization, data collection, analysis, and
interpretation of the findings presented in this study.
Competing Interests
The author declare that there are no competing interests or conflicts of interest related to the publication
of this research. This study was conducted independently, and no financial, personal, or professional
relationships influenced the outcomes or interpretations presented.
Acknowledgments
The author would like to express sincere gratitude to all individuals and institutions who contributed to
the completion of this research.

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