By: Zhifanious
Abstrak
In modern times like today,
many people are doing business. One of them is through buying and selling
transactions. The sale and purchase transaction itself means an activity in
which two people are mutually involved in the process of exchanging goods
because of their interdependence on the goods or the need for these goods and
carried out on agreed terms. In the development of this modern era, we often find online businesses
and their respective payment methods as described above. We all don't know
whether the mechanism in shopee paylater and in this shopee promo is in
accordance with Islamic law, and whether in this mechanism there is usury in
it. The type of research used in this journal is normative or doctrinal
research. The research method used is descriptive research method. Sources of
data using secondary data Processing of data using normative descriptive
includes data collection, presentation of data from various books, legal
journals, and drawing conclusions while the analysis used is descriptive
qualitative obtained from documentation combined with existing theories.
Keyword: buying and selling,
promos, shopee, shopee paylater, about its suitability in HES.
Introduction
Shopee was
founded in 2015 in 7 different regions in Asia. The history of shopee in
Indonesia itself began in December 2015. Currently, shopee is managed by the
SEA group which is a company owned by Forrest Li. Shopee was founded with the
aim of providing a platform that can be used by sellers and buyers from various
parts of Southeast Asia to achieve a better world through the power of
technology. Shopee's goal is also to offer an online shopping and selling
experience with a wide selection of products. Shopee is a mobile marketplace
application for consumers to consumers that is easy and practical in buying and
selling Shopee as one of the online buying and selling sites that has made many
changes to attract customers to transact more through the site.
As a
well-known shopping marketplace in Indonesia, Shopee Indonesia also has a
vision and mission like companies in general. Shopee Indonesia's vision is to
become the number 1 (one) mobile marketplace in Indonesia. With this vision,
shopee never stops providing offers and facilities that can be enjoyed
continuously by its users.
Furthermore,
for Shopee's own mission perhaps is to develop entrepreneurship for sellers in
Indonesia. With the presence of Shopee in Indonesia, MSME owners in Indonesia
have also become prosperous because marketing their products has become easier.
The development of Shopee in Indonesia can be said to be very fast compared to
the development of other marketplaces. This development is of course influenced
by the advanced features provided by Shopee. Because of this feature, Shopee
has become well known by the Indonesian people, so some of them have written
papers about Shopee as a form of dedication.
In buying
and selling transactions at shopee, we often encounter discounts, sales, and
many other promotions or discounts. Promotion itself is an act of advancing the
growth or development of something, be it a product, brand, or company. In
marketing, the notion of promotion is a communication activity carried out by a
person or a company with the wider community. One of the purposes of promotion
is to introduce a product (goods/services/brands/companies) to the public. And
of course to influence the wider community to buy and use these products. In
other words, promotion is a general marketing activity carried out by marketers
to provide information on a product and encourage consumers to make purchases
of goods or services. So, overall the main purpose of doing promotions is to
increase sales and business profits. The definition above shows that promotion
is a media and non-media marketing effort to stimulate trial and error from
consumers, increase demand from consumers or to improve product quality.
In shopee
transactions there is also Shopee PayLater. Shopee paylater is a payment method
in the form of instant loans with minimal interest available at Shopee. The
Shopee PayLater billing system or Shopee PayLater works almost the same as the
payment method via credit card. Shopee also provides Shopee PayLater Lite.
Shopee PayLater Lite is the same payment method as SPayLater, but there are
some differences.
The
usefulness of ShopeePayLater is that you can pay for goods first and pay for
them later. After making a transaction with Shopee PayLater, you are required
to pay the bill in installments according to the pre-selected installment
period. Shopee PayLater has also been registered and supervised by the OJK
(Financial Services Authority). The installment fee from Shopee PayLater itself
consists of principal installments and an interest rate of at least 2.95
percent per month for the Buy Now Pay Later program. And there is also a
handling fee of 1 percent of the total purchase. In addition, related to Shopee
PayLater rules, you will also be subject to fines if you do not pay Shopee
PayLater. The total fine that will be charged is 5 percent per month of the
total bill. In addition to fines, being late in paying Shopee PaLater
installments will have an impact on limiting access to functions in the
application and the use of Shopee vouchers.
In the
development of this modern era, we often find online businesses and their
respective payment methods as described above. We all don't know whether the
mechanism in shopee paylater and in this shopee promo is in accordance with
Islamic sharia law, and whether in this mechanism there is usury in it.
Problem
formulation
After we
researched, there are several problem formulations that we must know about the
promo mechanism and the shopee payleter contained in this shopee application,
namely:
1. How is the mechanism
for giving promos on online buying and selling at Shopee.
2. How is the
mechanism of the transaction shopee paylater / how is the mechanism of the loan
transaction at the shopee paylater.
3. Is the
mechanism for providing promos on online buying and selling at Shopee in
accordance with the principles of sharia economic law.
4. Is the
mechanism of the Shopee Paylater transaction / how is the mechanism of the
Shopee Paylater loan transaction in accordance with the Islamic economy?
Literature
review
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No
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AUTHOR
YEARS
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TITLE
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GOALS
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METHOD
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RESULT
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1
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Okta
Eri Cahyadi, 2021
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AN ISLAMIC LAW PERSPECTIVE ON PAYLATER IN
E-COMMERCE TRANSACTIONS THROUGH SHOPEE APPLICATION
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Technology has been developing and
advancing from time to time with the help of the internet. Technological
advancement to date has facilitated the society‟s activities. Such
convenience leads to various innovations, including in the trade sector with
the existence of e-commerce (electronic commerce), which represents the
marketing of goods and services through electronic applications, such as
Shopee, using the internet network. Shopee provides different payment methods
for the users of Shopee application, ranging from bank transfers, credit
cards, ShopeePay, and the recently launched Shopee Paylater.
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This research used a normative approach by
examining the problem based on the rules of Shariah or Islamic Fiqh. The
analysis method used was a qualitative method through an inductive thoughts
by analyzing the ideas and methodological framework of Islamic law reforms to
draw a general conclusion.
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The
results of the study showed that Shopee Paylater is designed by Shopee for
their own benefits by taking loans from the users. In other words, the
electronic loans provided by Shopee for Shopee Paylater is not allowed in
Islam because this feature gains benefits from the users. It is also usury in
nature because before the users can access this feature, Shopee has set a
term regarding the fines that will be imposed on the users if the due date is
passed or the bill payment is overdue
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2
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Suci
Puspita Sari, 2022
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REVIEW OF ISLAMIC LAW ON ONLINE BUYING
USING SHOPEEPAY LATER CREDIT
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To analyze the mechanism of buying and
selling online using Shopeepay Later credit; To analyze the review of Islamic
law on online buying and selling using Shopeepay Later credit.
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This type of research is library research.
Sources of data in this study are primary legal materials in the form of the
Qur'an and books as well as secondary legal materials in the form of hadith,
shopee's official website, and journals. The data analysis technique in this
research is descriptive qualitative.
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Shopeepay Later credit practices are
carried out through an application, namely the Shopee marketplace, where
Shopee users register to activate Shopeepay Later. After Shopeepay Later is
successfully activated, users can use Shopeepay Later to shop and users can
pay for their purchases according to the selected tempo. As for how to pay
the bill, it can be done by transferring via ATM, I-Banking, M-Banking or
paying through minimarkets such as Indomart, Alfamart. According to Shopeepay
Later Islamic law, when viewed from the pillars and terms of sale and
purchase, the pillars of qard are in accordance with Islamic law. Then if you
look at DSN-MUI No:110/DSN-MUI/IX/2017 regarding the sale and purchase
contract, it is allowed that the sale and purchase price that is not cash may
not be the same as the cash price, so the price difference on Shopeepay Later
to buy now pay later, 3x installments, 6x installments and 12x installments
are allowed. This Shopeepay Later sale and purchase is confirmed by the sale
and purchase of greetings, namely both buying and selling are delayed in
regards to the pending goods, while in Shopeepay Later the money is pending. However,
the penalty that applies as much as 5% when late paying is usury.
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3
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LILI
OCTAVIA, 2020
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REVIEW
OF ISLAMIC LAW OF THE PROMO SYSTEM ON ONLINE BUYING SHOPEE
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The contract that is used as a guide in
buying and selling online shopee is a wadi‟ah (deposit) contract, in
accordance with the DSN-MUI fatwa No. 01/DSN-MUI/IV/2000 concerning Current
Accounts in the third part regarding general provisions for current accounts
based on Wadi‟ah. First, it is deposit. Second, the deposit can be taken at any
time (on call). Third, no reward is required, except in the form of („athaya)
which is voluntary. So the promo for transactions on shopeepay is seen in
Islamic law, including the required prizes. This study aims to answer the
question of "REVIEW OF ISLAMIC LAW OF THE PROMO SYSTEM IN ONLINE SHOPEE
BUYING
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The type of research used in this thesis
is normative or doctrinal research. The data source uses secondary data,
namely books or legal materials related to the object of research, as well as
additional information that can be used as a reference in understanding the
implementation of wadi‟ah contracts in the practice of top up shopeepay. The
legal material used is the primary legal material, namely the DSN-MUI fatwa
No: 01/DSN-MUI/IV/2000 concerning Current Accounts.
The data processing using descriptive
normative includes data collection, presentation of data from various books,
legal journals, and drawing conclusions while the analysis used is
descriptive qualitative obtained from documentation combined with existing
theories.
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The results of the analysis show that
shopeepay is a virtual wallet to store a certain amount of user money that
will be used at a later time for payment transactions by way of top up or
top-up balance. Shopeepay top up can be done by clicking top up, then
selecting the top up method via atm or Alfamart Indomart, if payment is via
ATM, a virtual account number code will appear, if using Alfamart or Indomart
then select the nominal money and the payment code will appear. After that, make
a payment according to the selected top up method. Such a system in Islamic
law is called wadi‟ah. In accordance with the DSN-MUI Fatwa regarding current
accounts, the general provisions of the third point of this promo include
prizes required by payment terms via shopeepay. The review of Islamic law
regarding the promo system on shopee online buying and selling is that promos
obtained from payment transactions on shopeepay include gifts because they
are not associated with the number of top ups but are related to company
promos, they are allowed according to Islamic law.
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4
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Ah Khairul Wafa, 2020
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Sharia
Economic Law Review on Shopeepay Later
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Qardh
is a legally binding transaction from the creditor after the debtor has
received the debt from him. Developments in the field of information
technology have now progressed rapidly with the existence of e-commerce,
namely buying and selling transactions or trading online, which are often
carried out at markerplaces or online buying and selling places where the
seller only receives the money when the goods have arrived at the buyer.
Buying and selling through the marketplace and e-commerce is allowed on the condition
that the product specifications must be clearly known and can be handed over
according to the agreement.
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In presenting this article, the author
uses a qualitative research method with the DSN-MUI Fatwa approach. Data were
obtained from various cases as primary legal materials and library materials
as secondary legal materials.
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Buying and selling through the marketplace
and e-commerce is permitted on condition that the product specifications must
be clearly known and can be handed over according to the agreement. The sale
and purchase transaction that occurs between the product owner and the buyer
is a non-cash sale and purchase (al-Bai al-Muajjal), while the transaction
between the market owner and the seller uses the sale of services (Ijarah contract).
As for the ShopeePay Later payment method with 0% interest without any
minimum transaction and the administration fee is 1% of the total
transaction. If viewed from the Sharia Economic Law, ShopeePay Later is to
provide consumers with the opportunity to take advantage of services and
services, may require maturity in qardh in the form of ShopeePay Later, while
for a handling fee of 1% of the amount of each transaction, it is not
sharia-compliant because it is required at the outset that the fee is associated
with the number of transactions, required additions or required benefits are
prohibited by ijma'. Meanwhile, ShopeePay later dispute resolution is in
accordance with the dispute resolution model in an Islamic perspective. This
is because in the statement contained in the ShopeePay T&C later (“Terms
and Conditions”), that in the event of a dispute or dispute it is resolved
through al-shulh and if there is no consensus then it is resolved in the
South Jakarta District Court.
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5
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ENDAH DWI NUGRAHENI. 2020
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THE ROLE OF USING SHOPEE AS ONLINE SHOP
PROMOTION MEDIA IN INCREASING PROFIT FROM ISLAMIC ECONOMIC PERSPECTIVE,
(Study at AII Clothing Outlets Collection Bandar Lampung)
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There are various new ways to market and
promote an item or service, one of which is Shopee E-commerce. In 2017 Shopee
was ranked first in Indonesia as the most visited online store site. Shopee
makes it easy for sellers to introduce products, make sales online and
increase profits. The existence of shopee provides benefits for AII
Collection, but over the past year, AII Collection's sales have decreased, as
well as profits have fluctuated. This decrease was due to the large number of
AII Collection competitors who also use shopee, and also the decrease in AII
Collection store visits on the shopee platform.
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This type of research is a field research,
with a qualitative descriptive approach, the data used are primary data and
secondary data. Data collection techniques used include interview,
observation and documentation methods
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The results of this study are advertising
using shopee media, namely my promotion and endorsement, sales promotion
using discounts or price reductions, premiums or gifts and product
guarantees. Personal selling is done by direct communication between the
seller and the buyer at the AII Collection store. However, despite using
shopee, there is still a decline in profit, this is because total sales have
also decreased in the past year. The promotion concept carried out by AII
Collection is in accordance with the principles of Islamic Economics.
Consumers do not need to worry and be afraid of being deceived by AII
Collection, which is an online shop business because the sales will not harm
each other, and transactions that occur are consensual and without coercion.
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6
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Fika Ayu Widyanita, 2018
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ANALYSIS OF THE INFLUENCE OF E-COMMERCE
SHOPEE SERVICE QUALITY ON SHOPEE INDONESIA CONSUMER SATISFACTION ON FE UII
STUDENTS SHOPEE USERS
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E-commerce brings great business
opportunities such as product sales and online
service provision and revenue growth for
companies such as e-retailers primarily
because of its easy and interactive
nature, lower cost, and high level of customization
and personalization for customers. This
study was shown to analyze the quality of
service and consumer satisfaction of
Shopee e-commerce application users.
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Variable
used in this research is electronic
service quality consisting of efficient, fullfilment,
reliability, privacy, responsiveness,
compensation, and contact. This study uses 196
consumers of Shopee users.
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The results of this study contribute to
the quality of
Shoope's service in Indonesia and consumer
satisfaction so that it can be used as input
or consideration in developing future
strategy.
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7
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YOSHA YONANDA, 2022
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FINANCING AGREEMENT MECHANISM IN
IMPLEMENTATION OF ONLINE SHOPEE PAYLATER SHOPPING CREDIT AND THEIR LEGAL
CONSEQUENCES
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This study aims to determine the mechanism
of using Shopee Paylater in online shopping between PT. COMMERCE FINANCE as
the provider of funds with consumers or users of funds, the rights and
obligations of the parties, and the legal consequences arising from the
existence of a Shopee Paylater credit financing agreement.
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This research is included in the type of
normative research, namely legal research conducted by researching the rules
and legal principles in Shopee Paylater credit financing and its legal
consequences.
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The results show that in the process of
the Shopee Paylater credit financing agreement, the buyer must agree to the
contents of the standard agreement that has been made by PT. COMMERCE FINANCE
by doing an electronic signature. Based on the agreement, the parties are
bound so that the parties must fulfill their rights and obligations in
accordance with the financing agreement and are prohibited from contradicting
the applicable laws and regulations. If one of the parties defaults as
regulated in Article 1243 of the Civil Code or acts against the law as
regulated in Article 1365 of the Civil Code, they can be prosecuted in a
district court or through arbitration.
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8
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NADIA ROHMA SAFITRI, 2022
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SHOPEE PAYLATER SYSTEM IN ONLINE BUYING
AND BUYING PAYMENTS PERSPECTIVE OF SHARIA ECONOMIC LAW COMPILATION
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The focus of the research in this thesis
is first how the mechanism of using Shopee PayLater in the Shopee application
and how the views of the compilation of Islamic economic law on the mechanism
of buying and selling contracts using Shopee Paylater payments. The purpose
of this study is to determine the mechanism for using Shopee PayLater on the
Shopee application and the view of the compilation of sharia economic law on
the mechanism of buying and selling contracts using Shopee PayLater.
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This study uses an empirical juridical
approach and this type of research uses a qualitative approach which includes
the results of online surveys and interviews, with various written
information explaining the mechanism of buying and selling using Shopee
PayLater payments in view of the Sharia Economic Law Compilation. The data
relates to Shopee PayLater's terms of service, payment systems, bills, and
user statements. The technique used by the author is in the form of direct
and online interviews and literature study.
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The result of this research is that the
requirement to activate Shopee PayLater is to have a Shopee account that has
been verified by Shopee and must have an ID card to activate it. The payment
system is through installments 2 times, 3 times, 6 times, and 12 times per
month. Bill payments can be made via m-banking, atm, indomart, alfamart, or other
payments. The use of Shopee PayLater is included in the qardh contract which
has been regulated in the Sharia Economic Law Compilation in article 20
paragraph 36 which explains the meaning of Qard and the articles related to
qard in the use of Shopee PayLater, namely in article 606, article 607,
article 608, article 609, and article 611. According to some legal opinions,
Shopee PayLater can be said to be usury when there is an element of ziyadah
or additional requirements that are required in advance by the paylater
issuer to its consumers. Included in the type of usury debt that is
forbidden. However, if Shopee PayLater charges an additional fee, it is not
usury. Provided that the additional cost is calculated as a service or
ijarah.
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9
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NOOR AMALIYAH, 2021
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SHOPEE MARKETING SYSTEM THROUGH FLASH SALE
IN SHARIA ECONOMIC PERSPECTIVE
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The focus of this research is to examine
the shopee marketing system using flash sales and how to review the Islamic
economy on shopee marketing using flash sales.
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This research method is qualitative.
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The results of this study are, 1) Flash
sale, is a fast marketing system using a time limit, the price of flash shale
is lower and even reaches 50% of the market price. Shopee flash sales provide
a money back guarantee for buyers who find lower prices. The goods sold are
goods needed by the community with well-known brands. 2) In an Islamic
economic review, the flash sale system is the same as buying and selling
online, the buyer first places an order, then pays by transfer after which
the goods will be sent. This flash sale program is not prohibited because the
seller and buyer are mutually pleased with each other, there is no element of
usury, there is no element of deception, there is no element of gharar
(speculation) and jahalah, the commodity being sold is not what is forbidden
and no one is harmed.
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10
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Mira Istiqomah, Novi Marlena. 2020
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The effect of free shipping promos and
online customer ratings on fashion product purchasing decisions
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The purpose of this study is
to analyze the
influence of free
shipping promotion and
online customer ratings
of fashion product purchase
decision at Shopee Marketplace.
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This type of research is quantitative
descriptive. The population in this study was infinite, that is, all Shopee’s
user, with a sample of 210 respondents. The data analysis
technique used is
multiple linear regression
analysis.
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The
results showed that
the free shipping promotion
(X1) had a
significant and positive
influence on purchase
decision (Y). Online customer rating (X2) gives a
significant and positive influence on purchase decision (Y). While the free
shipping promotion (X1)
and online customer
ratings (X2) simultaneously influence
the purchase decision (Y) with
a percentage of 34,4%.
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Theoretical
framework
Buy and sell
In modern times like today, many people are doing business.
One of them is through buying and selling transactions. The sale and purchase
transaction itself means an activity in which two people are mutually involved
in the process of exchanging goods because of their interdependence on the
goods or the need for these goods and carried out on agreed terms.
The word
buying and selling consists of two syllables, namely "Sell and Buy".
Actually the words "Sell" and "Buy" have opposite meanings
to each other. The word "Sell" indicates that there is an act of
selling, while "Buy" is an act of buying. Buying and selling
according to language means exchanging something for something, while according
to syar'i it means exchanging property for property according to certain ways.
Prophet Muhammad SAW said which means: "From Rifa'ah r.a that the Prophet
Muhammad SAW was asked: "What is the best search?". He replied,
"He is the one who works with his hands, and every sale and purchase is
clean”.
In addition,
buying and selling has been blessed by Allah and His Messenger. Because buying
and selling is different from usury. Allah has permitted trading and forbade
usury. This usury has been agreed to be haram by all scholars and even by all
heavenly laws, in other words usury is not only forbidden by Islam, but other
divine religions also forbid it.
Buying and
selling can be held orally or in writing (Article 1458 of the Criminal Code).
If held orally, it is always supported by written evidence, such as sales
invoices, payment receipts. If made in writing, the agreement can be made in
the form of an authentic deed in front of a notary, it can also be in the form
of a private deed made by the parties themselves. Likewise, how to make
payments and delivery of goods. Payment of the price is made at the place and
time specified in the agreement (Article 1513 of the Criminal Code), in cash or
with securities through a bank. Meanwhile, the delivery of goods is carried out
at the place where the goods are located, unless otherwise agreed (Article 1477
of the Criminal Code). From some of the definitions above, it is understood
that buying and selling is an agreement to exchange objects or goods that have
a value of pleasure between the two parties, one receives the objects and the
other party accepts them in accordance with the agreement or conditions that
have been justified by syara' and agreed upon. The pillars of buying and
selling are: 1) There are sellers and buyers, both of whom must be of sound
mind, of their own volition, mature/baligh and not wasteful or not being
extravagant. 2) There are goods or services that are traded and exchanged goods
such as money, gold dinars, silver dirhams, goods or services. For items that
are not visible because they may be elsewhere called greetings. 3) There is an
ijab qabul, which is a transaction between those who sell and those who buy
(seller and buyer).
-318).
Along with
the development of this modern era, everything can be done easily via the
internet or online. Not only exchanging news or information through social
media, but we can also make transactions via the internet or online. For
example, what our society is doing is buying and selling online. With online
transactions can be done easily and not complicated. Therefore, people prefer
to transact online. And there are also many sites that offer buying and selling
online, for example, blibli.com, tokopedia.com, olx.com, shopee, and many
others.
Buying and
selling via the internet is "(a sale and purchase contract made using
electronic means (internet) both in the form of goods and in the form of
services)".
Or buying and selling via the internet is "a contract that is agreed upon
by determining certain characteristics by paying the price first while the
goods are delivered later.
The online
transactions have several characteristics, namely: 1) The occurrence of transactions
between two parties; 2) There is an exchange of goods, services, or
information; 3) Internet is the main medium in the process or mechanism of the
contract.
From the
characteristics above, it can be seen that what distinguishes online business
from offline business is the transaction process (contract) and the main media
in the process. Contract is an important element in a business. In general,
business in Islam explains the existence of transactions that are physical in
nature, by presenting the object during the transaction, or without presenting
the object ordered, but with the condition that the nature of the object must
be stated concretely, either delivered directly or delivered later until a
certain time limit, as in as-salam transactions and al-istishna transactions.
As-salam transaction is a form of transaction with a cash/immediate payment
system but the delivery of goods is suspended. Meanwhile, the al-istishna
transaction is a form of transaction with an hasty or deferred payment system according
to the agreement and the delivery of goods is deferred.
There are
two types of commodities that become the object of online transactions, namely
non-digital and digital goods/services. Online transactions for non-digital
commodities, basically have no difference with assalam transactions and the
goods must be in accordance with what has been characterized when transacting.
Meanwhile, digital commodities such as ebooks, software, scripts, data, which
are in the form of files (not CDs) delivered directly to consumers, either by
email or by downloading. This is not the same as an as-salam transaction but
like an ordinary buying and selling transaction.
The Online
Sales and Purchase Flow or the basic scheme of an online business are: a. There
is a transaction between two parties. b. There is an exchange of goods,
services and information. c. The internet is the main medium in the buying and
selling process (ijab-qabul).
There are
two types of ijab-qabul, namely: 1) According to the agreement, where payment
is made in cash before the goods are sent. 2) Al Istisna, which is a form of
payment that waits until the goods are sent.
Just like
business in general, online business in the sharia economy is also divided into
halal and haram, legal or illegal. Prohibited online businesses are online
gambling businesses, trade in prohibited goods such as drugs, pornographic
videos, goods that violate copyright, weapons and other objects that have no
benefits. In essence, online business is a business based on muamalah. Online
business is permitted (Ibahah) as long as the business does not contain
prohibited elements. Online sales transactions where the goods are only based
on the description provided by the seller are considered valid, but if the
description of the goods does not match then the buyer has the right of khiyar
which allows the buyer to continue the purchase or cancel it.
Buying and
selling online can be considered legal or permissible if it meets the
requirements for buying and selling online according to Islamic law. The basic
conditions for allowing buying and selling via online include:
1. Not violating
the provisions of religious law, such as prohibited business transactions,
fraud, fraud and monopolizing.
2. There is an
agreement agreement between two parties (seller and buyer) if something
unwanted happens between agreeing (Alimdha ') or cancellation (Fasakh).
As regulated in Fiqh regarding options or alternative forms in buying
and selling contracts (Alkhiarat) such as Khiar Almajlis (right of cancellation
on the spot if there is a discrepancy), Khiar Al'aib (right of cancellation if
there is a defect), Khiar As-syarah (right of cancellation if not eligible),
Khiar At-Taghrir/Attadlis (right of cancellation in case of fraud), Khiar Alghubun
(right of cancellation in case of fraud), Khiar Tafriq As-Shafqah (right of
cancellation because one of the two parties was interrupted before or after the
transaction), Khiar Ar-Rukyah (right of cancellation of any deficiencies after
being seen) and Khiar Fawat Alwashaf (right of cancellation if it is not in
accordance with its nature).
3. There are
strict and clear controls, sanctions and legal rules from the government
(competent institutions) to ensure that it is permissible for the public to do
business whose transactions are done online.
If the
business via online does not comply with the terms and conditions described
above, then the law is "Haram" is not allowed. The benefit and
protection of the people in doing business and business must be protected by
the state or a competent institution. So that things don't happen that bring
harm, deception and destruction to society and the country.
Promotion
Promotion is
one component of the marketing mix. Promotion can also be interpreted as an
effort to notify or offer products or services with the aim of attracting
potential consumers to buy or consume them
Griffin and
Ebert define promotion as part of the communication mix, all messages conveyed
by companies to consumers about their products. Promotional techniques,
especially advertising, must convey the use, characteristics and benefits of
the product. Sales promotion also includes various programs that increase the
added value beyond the benefits contained in the product
Promotion is
any form of communication used by companies (marketers) to inform
(information), persuade, or improve people about products, services, images,
ideas or involvement of companies and society with the intention that people
can accept them and perform actions as desired by the company (marketers).
According to A. Hamdani, promotion is one of the variables in the marketing mix
that is very important to be implemented by companies in marketing their
products. Promotional activities not only function as a communication tool between
companies and consumers, but also as a tool to influence consumers in
purchasing or marketing products according to their needs and wants.
Basu Swastha
argues, promotion is a one-way flow of information or persuasion made to direct
a person or organization to actions that create exchanges in marketing. Fandy
Tjiptono suggests that promotion is a form of marketing communication. What is
meant by marketing communication is a marketing activity that seeks to
disseminate information, influence, persuade, and or remind the target market
of the company and its products. willing to accept, buy, and be loyal to the
products offered by the company concerned
Promotion is
the last marketing mix activity after product, price and place. This activity
is also the
most important
part besides product, price and place. In the promotion of every company trying
to promote every product they have. According to Rangkuti (2009) that companies
carry out promotional activities with the main goal of making a profit.
Promotion is considered capable of attracting new consumers, and reminding
consumers to buy the company's products.
From some of
the definitions of promotion above, it can be concluded that promotion is an
activity to offer products by a company or agent to attract consumer interest.
The ethics
of doing promotions in Islam are not allowed to abuse ethnicity, religion, and
race, exploitation of women in advertisements, excessive use of fantasy and use
of women as objects to attract and attract customers. All guidelines in Islam
regarding promotion are aimed at eliminating fraudulent practices and unfair
treatment that befall consumers
Promotion is
an effort to introduce and offer products to consumers. In Islam, when carrying
out promotions, it is forbidden to provide excessive information. Rasulullah
SAW himself in promoting traded goods never gave excessive information, instead
he provided information as it was so that buyers would get clear information
about the product before deciding to buy it. The impact of excessive promotion
will lead to consumer disappointment as a result of getting an item but not in
accordance with expectations. The importance of honesty in promoting and
dishonesty as a disgraceful act is conveyed through the hadith of the Prophet
Muhammad, namely: "The so-called trading with false promises is an attempt
to sell goods and also trying in a disgraceful way”.
The clear
meaning based on the hadith is the loss of "profits" which means the
loss of financial, relational, trust and long-term business continuity for
marketers.
The rules of
product promotion according to Islam are not allowed to commit fraud, both in
the form of behavior and words. The Qur'an condemns all forms of false
statements, baseless accusations, false information and testimony. In sharia
marketing ethics, it is unethical for a salesman or customer relation to
express excessive praise for the quality of the product and its attributes.
Therefore, in the field of product promotion, Islamic marketing ethics
emphasizes the following rules:
a) Avoiding false
and misleading advertisements.
b) Avoiding
manipulation practices or misleading sales tactics
c) keeping
promises
Prophet
Muhammad SAW. Strictly condemn all promotional behavior that requires elements
of fraud to say that, "People who are dishonest in business are not one of
my class". In Islamic ethics, promotional techniques are not allowed to
use sexual appeal (upload sexual arousal), invite emotions (negative), invite
fear, false testimony and fictitious discoveries, or result in mental damage
(stupidity) or encourage waste. On the other hand, Islamic ethics also strictly
prohibits female stereotypes (discrimination) in advertisements, especially the
exploitation of women which results in the emergence of negative fantasies. The
promotion that is highly recommended by Rasulullah is to explain to consumers
correctly, not only only the advantages are described, but the disadvantages or
side effects of using the product must also be explained
In the
concept of Islamic Economics, the use of various forms of promotional
strategies with various media adapted to developments is basically allowed
based on the rules of ushul fiqh: al-Ashlu fil muaamalati al ibaahah illaa an
yadulla daliilun alaa tahriimihaa (the law of origin of all forms of muamalah is
permissible unless there is an argument who forbid it. Promoting should pay
attention to Islamic rules and norms. And provide product information to
consumers clearly, so that consumers do not feel cheated by products that have
been purchased.
Shopee
Shopee is an
e-commerce company that is currently booming in Indonesian society, almost
everyone makes a purchase at Shopee, especially at moments of lots of discounts
and free shipping. For the success of this shopee, there is an important figure
who played a role in establishing shopee, namely Chris Feng who currently also
serves as CEO of Shopee besides that he is a former Rocket Internet activist
who once headed Zalora and Lazada. Chris Feng is the best graduate from
Singapore University
Shopee is an
electronic commerce platform headquartered in Singapore under the SEA Group,
formerly known as Garena. Shopee's history of founding in 2009 by Forrest Li.
Shopee was first launched in 2015 which extends its reach to Malaysia,
Thailand, Taiwan, Indonesia, Vietnam and the Philippines. Starting in 2019, it
also launched for the first time in Brazil, also making it the first shopee
outside Asia. Shopee is one of the “5 most disruptive E-commerce Startups”
published by Tech In Asia. Integrated with logistics and payment support which
aims to make online shopping easy, safe for sellers and buyers.
Shopee is
the largest e-commerce in Southeast Asia which is analyzed by an independent
application data analysis agency, App Nie. Initially, shopee used the business
model as a customer marketplace for customers (C2C), but has switched to a C2C
Hybrid model and a business for B2C customers since launching Shopee Mall which
is an online store platform for the distribution of well-known brands. Shopee
partners with more than 70 courier service providers across its markets and
collaborates with various local logistics services and online transportation
service providers. Shopee's market share in Indonesia based on a survey in
December 2017 by Tech In Asia refers to mothers who make it the first choice
(73%).
Shopee is an
online shop that offers the convenience of shopping with various attractive
offers, both from buying and selling transactions, the convenience of selling
at the lowest prices with various promos.
The product
categories offered by Shopee also vary, such as:
·
Men's and Women's Fashion
·
Cellphones and Accessories
·
Computer
·
Care and Health
·
Home Appliances
·
Women's and Men's Shoes and
Bags
·
Electronic
·
Food and Drink
·
Credit and Payment of Bills
and Tickets
·
Fashion Accessories
·
Hobbies and Collections
·
Photography
In addition to offering products, shopee also provides subsidy services
such as Free Shipping Vouchers, Cashback, Flash Vouchers, Discounts on all
products, Shopee Lucky Prizes, Rewerd Coins (Shopee Coins), Shopee Taman,
Shopee Throw, Shopee Capture, Live Shopee, ShopeePay, Shopeepay Latter. To get
various vouchers, it is enough to claim each voucher item in the shopee window.
The explanation of various shopee services, namely:
First, free shipping
throughout Indonesia is a service provided by Shopee to users. As for the
provisions of the free shipping program, Shopee only provides a subsidy of 20
thousand of the shipping costs charged, the rest is borne by the seller in
accordance with the initial terms and conditions of the seller filling out the
registration in the postage column.
Second, cashback, which is
an offer of refunds to buyers, be it cash, virtual money or given products by
fulfilling the applicable terms and conditions.
Third, the flash sale
voucher is an exclusive feature in the Seller Center that allows sellers to
nominate their products in shopee's upcoming campaign. This feature is located
on the first page of shopee so that shops that nominate their products will get
maximum exposure. In flash sale promos, the offer period is limited, either
starting or ending at certain hours and giving high discounts. The cashback
given includes 5% cashback to 30 thousand, 3% cashback to 200 thousand, 50%
cashback to 5 thousand and so on, both in cashback for all categories or
certain categories.
Fourth, discounts, namely
discounts. Discounts are given from 1% to 90% which are given within a certain
time, for example within 1 week, 1 month, 1 day, the conditions vary for each
store in providing discounts.
Fifth, Shopee Lucky Prize is
a game from shopee eggs that must be cracked to get prizes. The prizes offered
are cashback, free shipping, shopee coins.
Sixth, Shopee taman is a
game with certain prizes by planting selected plants and watering them
regularly until the harvest time limit has been determined. The harvest yields
are provided in the form of cashback and free shipping with different harvest
times. The process of planting from seeds, trees, fruiting, and harvesting is
routinely watered and ready to be harvested after passing these 3 stages.
Seventh, shopee throwing is
a game from shopee by throwing knives at the circle board. The prize given in
this game is in the form of cashback by getting points that have been
determined in the game.
Eighth, shopee capture is
also a game from shopee with a claim from shopee in the form of prizes of 10
million every day at 9 am and 9 pm. The coins can be exchanged for shopee
vouchers.
Ninth, shopee coins are
virtual currency coins that customers can use or exchange when making purchases
at shopee.
Tenth, shopee live is a new
way for sellers to sell and interact directly with buyers through live
streaming videos. The time of the live streaming is not determined by the
shopee but from the seller whenever he wants to do a shopee live.
Eleventh, ShopeePay Latter
is the latest feature service provided by Shopee to provide loan services to
users. As an early user, Shopee usually provides a loan limit of up to 750,000
and will increase according to how often we make transactions. To use the
shopeepay latter, it is enough to activate it with the terms and conditions of
the shopeepay latter valid by taking a photo of the ID accompanied by a selfie
photo.
Twelfth, shopeepay is a
virtual wallet with electronic money from shopee services that is provided to
provide convenience as an alternative payment. In filling the balance, you can
top up to Alfamart, Indomart, or transfer to a bank. In addition to being an
alternative payment, there are also many promos offered when making payments
with shopeepay, including subsidies for free shipping 5 times more than cash
payments, cashback.
Cashback from shopeepay
promos can be in the form of shopee virtual coins or shopeepay bonuses.
Shopee
pay
Shopeepay is
electronic money that can be used as an online payment method on the shopee
platform, offline at shopeepay merchants and to accommodate refunds. Shopeepay
is shopee's debut to compete with similar players who are already strong in the
offline realm, such as GoPay, Ovo, Dana, and LinkAja. Shopeepay claims its use
as a payment method can provide more benefits than cash payments.
On the
online platform, payment through shopeepay has the advantage of free shipping,
daily cashback, special flash sales, and faster and cheaper shopping. For
shopeepay offline shopee is still being tested so that in the future it can
develop its market further. Collaboration with strategic partners through
cashback promos, sponsorship events, and other promotional activities to
increase awareness about the benefits. Some merchants who offer promotions when
transacting using shopeepay are mostly engaged in food and fashion retail. In
the food sector, including Bensu Meatballs, Geprek Bensu, Martabak Orins,
GuluGulu, Mister Baso, Rice Bowl, Promise Soul, Strawberry and so on. Shopee
has obtained an Electronic Money License from Bank Indonesia since the end of
2018.
The
ShopeePay digital wallet gets a lot of attention by its users because users
feel many benefits from using this application, ranging from the convenience,
benefits, and the many advantages of the promotions provided by this e-wallet.
In terms of convenience, this digital wallet does not need to download a new
application because it has become an integral part of the Shopee application
itself. So that when making transactions in the Shopee application, users do
not need to open other applications, look for the nearest minimarket, or ATM to
make payments. In terms of benefits, ShopeePay has several benefits such as
being able to be used for transaction payments such as bill payments and BPJS.
Furthermore, ShopeePay can also be used to send money, and can make transfers
via bank accounts.
Behind the
many advantages offered by ShopeePay, there are also several weaknesses that
cannot be separated from this e-wallet. Among them, such as taking a long time
if you want to disburse funds through another account. Disbursement to other
accounts is often done when the funds contained in ShopeePay are needed for
purposes outside the Shopee application. The next weakness is that this
e-wallet can only be used in the Shopee application or merchants who collaborate
with Shopee. The last weakness of ShopeePay is that it can only be used when
the user is connected to an internet connection, and must also ensure that the
existing balance is sufficient when making transactions (MFS, 2020).
To be able
to use ShopeePay, users must of course have the Shopee application. Launched
from the Fintech World (2020) the age range of Shopee users is mostly occupied
by the age group 19-24 years (72%), 25-30 years (69%), less than 19 years
(69%), 31-35 years (63% ), and 35 years and over (53%). The age range of 19-24
years is the age range of students or college students. Students have the main
obligation to gain knowledge and most of the students do not have their own
income. So to fulfill their needs, they still ask for or come from their
parents. Therefore, in determining the choice to use a technology, students
will consider several things, one of which is the cost factor. These factors
are also considered in determining the choice to use the Shopee and ShopeePay
applications as payment methods to purchase a need.
Along with
the times, there are many fintech (Financial Technology) or financial service
companies that offer digital electronic services that can make purchases of
goods or services where fintech as electronic money has met the provisions as
stated in fatwa no. 116/DSNMUI/IX/2017 regarding sharia electronic money. The
fatwa considers that the Indonesian people still need an explanation of the
legal limits and provisions in terms of sharia.
Sharia
electronic money that is now increasingly used by the community, one of which
is paylater. This paylater is widely used by holiday ticketing e-commerce to
marketplaces. Examples of application companies that provide paylater services
are Traveloka, Shopee, Gojek and the like. However, here the author will focus
on shopee services.
Shopee is an
application that is engaged in buying and selling online by implementing a
paylater service that can be accessed easily via the internet using a
smartphone.
The use of
Paylater can only be used by online business customers only with the conditions
imposed by the fintech party. In language paylater means to pay delay or pay
later, which means consumers can order and get orders before paying, because
paylater is a financial facility that uses funds from application companies,
then users are required to pay bills to application companies. Users are given
the opportunity to use or take advantage of the paylater feature services and
are required to pay at the end according to the specified time limit. For
example, users who want to buy goods or travel, but do not have cash can use
this feature, so that transactions can be done online.
Shopeepaylater
does not provide facilities for transactions that are contrary to sharia. Among
them, services or goods sold by merchants through halal and legal paylater
features. Likewise, do not encourage excessive spending, by, among others,
setting a maximum spending ceiling. And the customer has the financial ability
to pay off on time.
Research
methodology
The type of research used in this journal is normative or
doctrinal research. The research method used is descriptive research method.
Descriptive research comes from the English term to describe which means to
describe or describe a thing, for example a situation, condition or other
thing. Thus what is meant by descriptive research is research that is intended
to investigate the circumstances, conditions or other things that have been
mentioned, the results of which are presented in the form of a research report.
The data source uses secondary data, namely books or legal
materials related to the object of research, as well as additional information
that can be used as a reference in understanding the implementation of wadi'ah
contracts in the practice of top up shopeepay. The legal material used is the
DSN-MUI Fatwa. Secondary legal materials include books, texts, legal journals,
and comments or court decisions. Tertiary legal materials include dictionaries
and other data outside the field of law used to complete research data. The
data collection used is documentation. The data processing using descriptive
normative includes data collection, presentation of data from various books,
legal journals, and drawing conclusions while the analysis used is descriptive
qualitative obtained from documentation combined with existing theories.
1.
Time and Place of
Implementation
This research was conducted for one month
after the theme of the manuscript was approved. The place of research is in the
library.
2.
Types and Approaches of
Research
The type of research used in this journal is
normative or doctrinal research. The type of data in this study is qualitative
with a library research type, namely a study conducted by examining data
sourced from the literature, interpretations and other sources related to the
problems studied. And the approach used in this research is:
a.
Hermeneutic Approach
Etymologically,
the word hermeneutics comes from the Greek hermeneuein which means to
interpret. The noun means interpretation or interpretation. This approach seeks
to answer the problems posed by researchers by providing opinions and
explanations from the data obtained by researchers.
b.
Ground Theori
Grounded
theory is a general methodology for developing theory. The theory development
methodology is based on data collection and analysis. As research progresses,
theory develops and the pace of this development coincides with the process of
data collection and analysis. The purpose of the grounded theory study approach
is to generate or discover theory (combined theoretical explanation.
3.
Data and Data Sources
The data studied in this study consisted of secondary
sources, namely data that were not obtained directly by the researcher, because
the required data were already available and published either by individuals or
institutions.
Discussion
1. The mechanism
for giving promos on online buying and selling at Shopee
Promotion is a way of communication
that provides explanations and convinces potential consumers about goods and or
services with the aim of getting attention, educating, reminding and convincing
potential consumers. Sales promotion is the
main element in running marketing. Sales promotion is carried out with various
incentive tools, most of which are short term, designed to stimulate buyers to
purchase certain products or services more quickly and more quickly by
consumers or traders. Promotion is one of the variables included in the
marketing mix, acting as a communication tool between business actors and
consumers and as a tool to influence consumers to buy a product or use a
service.
Trade promotion is a less visible
activity, as it is offered to members of distribution channels. These
promotions include options such as trade promotion discounts and allowances,
cooperative advertising funds, premiums and dealer incentives, point offan
incentives offered for material purchases. Offering financial incentives to
distributors encourages them to support providing marketing for certain
products. Such promotions push products through distribution channels.
Promotional strategies are directed at consumers who request products or
services from distributors and attract them through channels.
Consumer promotion is to stimulate
purchase or encourage loyalty and trade promotion is a less visible activity
because it is offered to distribution channel members. Sales promotion consists
of two types, namely consumer promotion and trade promotion. Some examples of
consumer promotions are coupons, free samples, contests, rebates, price incentives
and rewards programs. The sales promotion plan is only one component of a much
larger plan, it is an activity that complements advertising and involves
developing an action plan to communicate incentives to the right targets and at
the right time.
In the sales promotion plan, the
company must take the following steps, namely making a market profile,
competitor activity profile, target market profile, sales promotion objectives
and budget. Market profile is a description of sales trends and market share.
Market profiles depicting sales trends and market share provide promotion
planners with a market perspective. Knowing whether a brand is a leader,
challenger or follower has an impact on the nature of the promotion that will
ultimately be recommended. The most important thing is to know if the market is
growing and what brands are growing in the market. Competitor activity profile
describes how the main competitor's marketing strategy is. The target market
profile is a good understanding of the target customers in terms of
demographics, psychographics, and geography. The purpose of the promotion is to
generate trial purchases, encourage repeat purchases and build long-term
loyalty.
2. The mechanism
of the transaction shopee paylater
Many fintech
products are now being applied to marketplaces, e-commerce, to holiday
ticketing that offer credit card-free credit facilities with similar benefits.
One of the e-commerce sites that provides various goods from individual sellers
throughout Indonesia, as well as from leading official brands. In addition,
Shopee also provides payments in installments through an interesting feature,
namely Shopee Paylater, which is a consumption-based credit which is one of the
legal fintechs with a registered system and is related to financial services.
This shopee paylater product is managed by a legal fintech named PT. Licensed
Lantera Dana Nusantara.
This Shopee
Paylater seems to make it easier in terms of submitting and registering a loan
because it only requires an ID card as a requirement and without any
collateral. But not all shopee customers can use shopee paylater. Usually those
who often make transactions at shopee can get this service. This shopee
paylater can only be activated via the shopee application. So before using shopee
paylater payments, we must first activate the shopee paylater feature. Identity
verification is also required to activate Shopee Paylater. After the shopee
paylater has been activated we will get a shopee paylater credit limit also of
RP 750,000.00. So if you frequently transact and have a good reputation at
Shopee, the Shopee Paylater credit limit can be increased. Don't forget that in
shopee pay later there is also interest and handling fees. If shopee credits
and pays the next month before the 5th, no interest will be charged. However,
there is still a handling fee of 1% of the transaction value. Meanwhile, if you
use 2 or 3 month installments you will be charged 2.95% interest.
This shopee
pay later bill appears every 25,1 and 5 depending on which due date the user
chooses. So, these bills must be paid before the due date. Late payment of the
bill will be subject to a 5% penalty of the bill value. If the order paid for
by Shopee Paylater is canceled, the money will be returned in the form of a Shopee
Paylater credit limit. Refunds are returned to the Shopee Paylater credit
limit, not in the form of cash or bank transfers
3. Mechanism for
providing promos on online buying and selling at Shopee in accordance with the
principles of sharia economic law
Shopee
coin provisions in Muamalah Fiqh: Shopee coins are a digital coin product
issued by shopee, this product is obtained when someone does shopping,
participates in promos organized by shopee, rewards shopee coins and plays
games owned by shopee. To use shopee coins, users can activate the coin
exchange feature, every 1 shopee coin is valued at IDR 1, - this rupiah can be
used as a discount when shopping at shopee, the use of this shopee coin also
has a limit that can be used only 25% of the total shopping. Shopee coins are
allowed to be used in payment cutting transactions according to how they are
obtained but shopee coins can be haram when viewed from the shopee coin service
features of the shopee shake game because getting shopee coins from the rocking
game contains elements of gambling and the gharar is real because luck by
spending the package The data and expectations of users with coins are not yet
clear, some even get a lot of coins and some don't get anything, resulting in
losses. Based on the explanation above, it can be concluded that each
transaction or transaction method has its own laws that can make the
transaction permissible or legal. By fulfilling the terms and conditions that
have been explained or applied in muamalah fiqh.
And we also have to understand the laws and regulations regarding buying and selling.
اللَّهُ وَلِيُّ الَّذِينَ
آمَنُوا يُخْرِجُهُمْ مِنَ الظُّلُمَاتِ إِلَى النُّورِ ۖ وَالَّذِينَ كَفَرُوا
أَوْلِيَاؤُهُمُ الطَّاغُوتُ يُخْرِجُونَهُمْ مِنَ النُّورِ إِلَى الظُّلُمَاتِ ۗ أُولَٰئِكَ
أَصْحَابُ النَّارِ ۖ هُمْ فِيهَا خَالِدُونَ
Allah is the Protector
of those who believe; He brought them out of darkness (unbelief) to light
(faith). And those who disbelieve, their protectors are Satan, who brings them
out of light into darkness (unbelief). They are the inhabitants of hell; they
stay in it.
4. Mechanism of
the Shopee Paylater transaction / how is the mechanism of the Shopee Paylater
loan transaction in accordance with the Islamic economy
SpyLater
Shopee Pay Later is one of the features in the shopee application, Paylater is
a financial facility that allows payment methods in installments without a
credit card. This feature is widely owned, ranging from e-commerce, holiday
ticketing to marketplaces to facilitate anyone who wants to go on vacation or
shopping. With each delay will be subject to a fee of 5%.
Shopeepay is
an electronic wallet that has a system of methods that have been described.
Shopeepay is used to make payments almost the same as ATM transfers, only to
use Shopeepay the user has a balance. Where the sale and purchase with a salam
contract is the sale and purchase of payments can be made at the beginning
while the contract takes place when the goods are delivered at the end in accordance
with the agreement between the seller and the buyer.
The
provisions of the SPyLater method and Akulaku in Fiqh Muamalah With the
SpyLater system and method. In the SpyLater method, it is one of the buying and
selling activities on credit or installments, here it is the same as shopee
providing loans to shopee users to make payments for the products they
purchased, then the payment will be returned back to shopee in stages on the
condition that if it is too late to return it will 5% additional fee. A contract
is valid if the pillars and conditions are fulfilled. Meanwhile, the most
important condition in buying and selling credit is the specified time period
or tempo. However, what makes SPyLater illegal is that there is an additional
fee of 5% per month from the bill if you are late in making payments. By using
Akulaku payments, namely, that payments with Akulaku installments have an
additional fee for each delay of 1% per day. Where if you are 1 day late it is
free, 2-7 late is fined 6%, 8-15 is fined 13%, 15-21 days is late, the fine is
20%, and 22-29 days is late, the fine is 27%. From the practice of payment
using Akulaku when paying at Shopee, it is proven that it uses the interest
system, so this method becomes haram because buying and selling has explained
the additional prohibition or interest where interest in muamalah fiqh is
categorized as usury. This additional fee makes it illegal to use the SPaylater
and Akulaku payment methods because there is an element of usury in it.
Shopee
PayLater has advantages and disadvantages. The advantage is that it offers a
loan product with a zero percent initial loan, has reached all parts of
Indonesia and helps SMEs to get capital loans. While the drawback of Shopee
PayLater is that there is no tolerance for late payments, if you have been
delayed, you are required to pay a fine. And not everyone can make an
application, because the submission is required to get a recommendation from
Shopee first.5 Shopee PayLater provides a loan limit of Rp. 750.000,- for initial
use, and the credit limit value will increase gradually as the quality of the
recorded credit score increases.6 Shopee PayLater's own interest rate is
between 0% to 2.95% per month. The terms of the interest rate using Shopee
PayLater are 30 days or 1 month installments with 0% interest, 2-3 months
Shopee PayLater installments are subject to 2.95% interest per month.
A review of
Islamic law on Shopee PayLater credit practices on the Shopee marketplace can
be concluded with legal conclusions, there are opinions that allow
(permissible) and there are opinions that are forbidden, the opinions of
scholars allow credit buying and selling, the most important thing being
carried out with good buying and selling rules or guidelines, then clarity the
agreement between the seller and the buyer must have a clear agreement when
carrying out the ijab and kabul, this will be consensual and no one feels
disadvantaged, the additional price in Shopee PayLater credit is a deferral
price. Then there is the opinion that the additional price is usury. While
usury is prohibited by Islamic business ethics so that this opinion underlies
the practice of Shopee PayLater credit is prohibited by Islamic law, because at
the time of bill payment with a time of 2 months, 3 months and 6 months there
is an additional price of 2.95%.
Conclusion
Doing
business through online one side can provide convenience and benefit for
society. But the convenience and that advantage if it is not accompanied by
ethics strict culture and laws will be easy caught in a ruse, each other cheat
and abuse each other. Here Islam aims to protect the people humans forever so
that there is the legal rules of buying and selling in Islam in accordance with
the provisions of the Shari'ah so that not caught up with greed and rampant
injustice. Business transaction via online if in accordance with the rules mentioned
above will bring progress for society and the country. As already mentioned
above, the original law of mu'amalah is al-ibaahah (perhaps) as long as there
are no valid arguments forbid it. However, that doesn't mean there are no signs
governing it. Online transactions are allowed according to Islam as long as it does
not contain elements which can destroy it like usury, tyranny, fraud, cheating
and the the like and fulfill the pillars and terms of sale and purchase.
Transaction online is allowed according to Islam based on principles in trading
according to Islam, especially analogy with the principle of as-salam
transactions, except on goods/services that are not allowed to traded according
to Islamic law.
References
Abdulkadir Muhammad. 1999. Hukum Perusahaan Indonesia. PT.
Citra Aditya Bakti: Bandung.
Suherman, Ade Manan. 2009. Aspek Hukum Dalam Ekonomi Global.
Jakarta: Ghalia Indonesia.
Suhrawardi Lubis. 2000. Hukum Ekonomi Islam. Sinar Grafika
Offset:Jakarta.
Tho’in, Muhammad. 2016. Larangan Riba Dalam Teks dan Konteks
(Studi Atas Hadits Riwayat Muslim Tentang Pelaknatan Riba. Jurnal Ilmiah
Ekonomi Islam, LPPM STIE AAS Surakarta. Vol. 2 No. 2, Juli 63-72.
Urnomo, W.A. 2000. Konsumen dan Transaksi E-Commerce.
Jakarta: Yayasan Lembaga Konsumen Indonesia.
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