Consumer Rights in Digital Transactions: Have Sharia Principles Been Applied?

The development of information technology has significantly changed people’s transaction patterns. Now, buying and selling activities are no longer limited by space and time. Through marketplaces, social media, and electronic trading applications, consumers can purchase various necessities in a matter of minutes. Behind this convenience, problems are increasingly occurring, such as product information that does not match reality, goods received that differ from the description, delivery delays, and difficulty in obtaining resolution when disputes arise. This situation raises an important question: have the growing digital transactions truly reflected the principles of Sharia Economic Law?

Islam views trade as a noble activity as long as it is conducted honestly, fairly, and provides benefits to all parties. The Prophet Muhammad (PBUH) was known as a trader who upheld honesty and trustworthiness. Therefore, technological developments should not eliminate the moral values that form the basis of every transaction.

Allah SWT says: “O you who have believed, do not consume one another’s wealth unjustly, but only [in lawful] business by mutual consent among you.” (QS. An-Nisa’ [4]: 29). This verse confirms that transactions must be based on the willingness of both parties. Such willingness will not be realised if one party obtains incorrect information or if information is deliberately concealed. In digital trade practices, information transparency is a primary requirement so that consumers can make conscious decisions without any element of fraud (tadlis) or uncertainty (gharar).

Unfortunately, reality shows that many business actors still display product photos excessively, provide descriptions that do not match the actual condition, or hide product defects. Many consumers also receive products with different quality from what was promoted. Such practices not only violate business ethics but also contradict the principles of Sharia Economic Law, which demand honesty (shidq) and transparency.

In addition to emphasising transparency, Islam also provides protection to consumers through the concept of khiyar. The right of khiyar is the right of the parties to continue or cancel a transaction if a reason justified by Sharia is found, such as a defect in the goods, specification mismatches, or errors in the contract. This concept shows that Islam has long recognised consumer protection mechanisms long before the birth of modern consumer protection systems.

In electronic transactions, the implementation of the khiyar right can be realised through return policies, refunds, or product exchanges if the goods received do not match the information provided by the seller. Unfortunately, there are still business actors who complicate the return process with various administrative reasons. As a result, the consumer’s position becomes weaker compared to the seller, especially when transactions are conducted through digital platforms involving multiple parties.

In Indonesia, consumer protection has actually obtained a fairly strong legal basis through Law Number 8 of 1999 concerning Consumer Protection and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. These two regulations provide certainty regarding the consumer’s right to obtain correct, clear, and honest information, and provide room for resolution in the event of disputes in electronic transactions. From a Sharia perspective, these regulations are in line with the objectives of maqasid sharia, particularly hifz al-mal (protection of wealth), because they aim to safeguard property rights and prevent losses due to irresponsible business practices.

However, the existence of regulations alone is not enough if it is not accompanied by the awareness of business actors to conduct business ethically. Many digital transaction disputes can actually be prevented if sellers provide complete information regarding product specifications, prices, warranties, shipping costs, and return procedures from the outset. Conversely, consumers also have a responsibility to read product information carefully before making a transaction. Thus, the principle of mutual consent taught by Islam can truly be realised.

Dispute resolution from the perspective of Sharia Economic Law also prioritises the principle of deliberation (sulh) as the first step before taking legal action. Open dialogue between seller and buyer is often a faster, cheaper solution and maintains good relations between the parties. If deliberation does not result in an agreement, then resolution through dispute resolution institutions or courts can be the final option to ensure justice.

Ultimately, technological progress must not displace the basic values taught by Islam in muamalah. Digitalisation does bring efficiency, but honesty, trustworthiness, transparency, and justice remain the main foundations of every transaction. Sharia Economic Law teaches that business success is not only measured by the amount of profit, but also by the protection of the rights of the transacting parties. Therefore, the application of the principles of information transparency, respect for the right of khiyar, and fair dispute resolution must be a shared commitment so that the digital trade ecosystem in Indonesia does not deviate from the values of justice and blessing.