Implementasi Khiyar dalam Jual Beli Online: Studi pada Online Shop Tokopedia dan Shopee

Abstract

In Islamic transactions or trade (muamalah), the concept of khiyar (the right of option) is recognized, whether the transaction is conducted offline or online. In trading activities, particularly in online transactions, the process does not always go as expected for either the seller or the buyer. The concept of khiyar in Islamic trade refers to the right of both parties (the seller and the buyer) to either continue or terminate a transaction. However, in online sales, there are still several online stores that do not implement khiyar within their sale and purchase agreements. This article aims to explore the opportunities for applying khiyar in online trading. In practice, khiyar in online transactions has not been fully implemented and only covers certain types, namely khiyar ‘aib (option due to defect) and khiyar syarat (conditional option). On Tokopedia.com, khiyar ‘aib is applied through the product warranty or exchange option, allowing buyers to replace defective items with proper ones. Meanwhile, Shopee applies both khiyar ‘aib, where defective products are replaced with new ones, and khiyar syarat, by giving buyers a three-day grace period after receiving the product. The implementation of khiyar ‘aib and khiyar syarat can serve as effective solutions to ensure that the right of khiyar remains preserved in online trading practices.