TINJAUAN FIKIH MUAMALAT TERHADAP AKAD DALAM JUAL BELI MENGGUNAKAN SISTEM CASH ON DELIVERY

Eka Permata Sari, S.H., NIM.: 20203012088 (2022) TINJAUAN FIKIH MUAMALAT TERHADAP AKAD DALAM JUAL BELI MENGGUNAKAN SISTEM CASH ON DELIVERY. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Buying and selling online is a trading activity by utilizing internet media. This trading transaction allows buying and selling without having to meeting between the seller and the buyer. The payment process is carried out in various ways, one of which is cash on delivery, this payment is made when the goods are sent to the buyer. What often happens in online buying and selling is if one party does not carry out its obligations in the agreement, for example when the goods sent do not match what the buyer expects. This kind of incident will of course cause disappointment to the buyer. But if this happens to the seller who has sent the ordered goods correctly to the buyer. When the goods arrive at their destination, the buyer cancels the order unilaterally and makes the seller lose because the goods will be returned by the expedition to the seller. Then from that, there are two main problems that want to be answered. First, how is the validity of the agreement in the practice of buying and selling with the cash on delivery system in the review of muamalat fiqh. Second, why are there problems in online buying and selling transactions using the cash on delivery system. Third, what are the legal consequences of the agreement that occurs in the cash on delivery system in the marketplace. This research is a type of normative-empirical research, and the approach used in this research is a descriptive qualitative approach. With this approach, researchers are trying to obtain and describe how buying and selling transactions in the cash on delivery system use muamalat fiqh materials. The focus of this research is more on the issue of determining the status of Islamic law in buying and selling transactions using the cash on delivery buying and selling system as well as the legal consequences that will later be faced in carrying out online buying and selling transactions. The results of this study divide into three conclusions. First, buying and selling online with a cash on delivery system is allowed. Because according to the pillars and conditions that have been fulfilled, it is also reviewed by the theory of buying and selling fiqh muamalat. The validity of an agreement must be clear based on the agreement, the ability to act legally, the existence of a certain object. So it is quite clear that buying and selling carried out via electronic media is legal. Second, in the field of buying and selling online using the cash on delivery system, there are still some drawbacks that are quite detrimental to both the seller and the buyer, such as the buyer unilaterally canceling the order when the item has been delivered to the place. Nor buyers who are disappointed because the order ordered does not match the order or description sold by the seller. Third, legal consequences if one of the parties to the transaction commits a default, the injured party, both the seller and the buyer, can take legal action, one of which is to ask for compensation or demand justice from the party who deliberately committed fraud.Second, what are the legal consequences of agreements that occur in the cash on delivery system in the marketplace.

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