PERSPEKTIF HUKUM ISLAM TENTANG MODERNISASI PERJANJIAN

Abstract

The rapid development of technology has an impact on changes in various aspects of human life, one of
which is the modernization of agreements in terms of buying and selling which is usually done
conventionally has now been affected by internet technology so that it can be done online through ECommerce. E-Commerce is a business process management practice using data transfer through information
and communication technology between sellers and buyers. In Islamic law, an agreement or aqad has a
perfect meaning in the combination of two types of desires, whether oral or otherwise. The problems
explored in this research are: how is the perspective of Islamic law on the modernization of the sale and
purchase agreement through E-Commerce and how is the validity of the sale and purchase agreement
affected by technological developments. Based on these two problems, this research has two conclusions: first,
the law of sale and purchase agreements is accepted as long as the product is essential and does not contain
any tadzbir. Second, the validity of an agreement must contain four main conditions as regulated in Article
1320 of the Criminal Code.