DefinePK

Abstract

The rapid expansion of online trading and e-commerce has generated unprecedented challenges for Islamic jurisprudence, particularly in the field of commercial transactions. Many of these modern practices—such as digital contracts, online payments, and automated transactions—are not explicitly addressed in classical fiqh literature, leading to ambiguity regarding their permissibility under Shariʿah. This study investigates whether the principle of ʿUrf (custom), long recognized as a supplementary source of Islamic law, can provide a framework for legitimizing and regulating contemporary digital trade. Using inductive and analytical methods, the research reviews classical juristic discussions of ʿUrf in the works of scholars like al-Sarakhsi and Ibn ʿAbidin, and compares them with the insights of modern authorities including Dr. Ali al-Qaradaghi and Mufti Taqi Usmani. It further examines current e-commerce practices such as online receipts, deferred payments, digital agency, and auto-executed contracts. The findings reveal that when customs are prevalent, continuous, not in conflict with explicit scriptural evidence, and widely accepted within society, they may serve as a legitimate basis for online transactions. At the same time, adherence to Shariʿah principles—particularly transparency, mutual consent, and avoidance of riba (interest) and gharar (excessive uncertainty)—is essential. The study recommends closer collaboration between jurists and financial experts to classify emerging commercial customs, develop comprehensive Shariʿah guidelines for digital transactions, and train researchers to adapt classical jurisprudential principles to modern realities. This approach ensures that e-commerce evolves in a manner that remains both ethically responsible and consistent with Islamic legal values.