Gharar dalam Sistem Pre-Order Online: Analisis Hadis Nahā Rasūlullāh ‘an Bai‘ al-Gharar terhadap Praktik Jual Beli Digital

Abstract

The growing popularity of online marketplaces has made the Pre-Order (PO) model widespread. Under this model, a seller accepts orders for items that have not yet been manufactured or are not in their possession. From a Sharia perspective, this raises the issue of gharar (excessive uncertainty), which is forbidden in the hadith “Nahā Rasūlullāh ‘an Bai‘ al-Gharar” (Muslim no. 1513). Earlier research often equated every PO scheme with the salam contract and overlooked differences among contemporary PO models. This study therefore seeks to categorize digital PO schemes, assess the authenticity and meaning of the hadith, and determine the boundaries of acceptable gharar. A qualitative library-research design was applied, combining textual and contextual analysis. The data came from Sahih Muslim and its commentaries, DSN-MUI fatwas, platform terms and conditions, and interviews with PO sellers and buyers. The analysis proceeded through data reduction, takhrij, data display, and deductive-comparative inference. The results indicate that the prohibition should not be applied universally to all PO practices. Schemes that use escrow and clearly stated specifications carry only minor gharar (gharar yasīr) and are valid under salam or istishnā‘. By contrast, unilaterally forfeited down payments and blind box schemes carry major gharar (gharar fāhish) and render the contract void. A digital PO is therefore valid if it ensures clear specifications, a predictable supply chain, and the buyer’s right to withdraw (khiyar). These findings enrich the study of digital fiqh muamalah.