As we have all witnessed and experienced, advancements in information technology have introduced numerous digital products—such as applications, softwares, and e-books—into the global marketplace.
This article aims to explore how the sale of digital products is governed within Islamic jurisprudence by examining the fundamental principles of trade and contemporary scholars’ viewpoints. The purpose of this review is to understand how these practices can be aligned with Islamic law and to identify practical issues along with potential solutions.
Digital Products
The growth of digital technology has affected many aspects of life, including the way we conduct transactions. Today, digital products are key commodities in the global economy.
However, questions arise regarding the compatibility of these practices with Islamic law. The fundamental principles of trade within Islamic jurisprudence must be examined to understand how digital products can be regulated within the framework of Shariah.
In Islamic jurisprudence, transactions must meet several core principles. One of the primary principles is clarity, which requires that the goods being traded must be clearly defined in terms of their nature and quantity.
For digital products, this means that product descriptions must be clear and detailed. Al-Mawardi, in his work Al-Hawi al-Kabir, emphasizes the importance of clarity in transactions to prevent disputes. Al-Mawardi, A. (2011). Al-Hawi al-Kabir. Dar al-Fikr. p. 45.
For instance, if someone purchases software without sufficient explanation of its functional limitations or usage, they may feel deceived if the product does not meet their expectations. Therefore, sellers of digital products must ensure that their product descriptions are comprehensive and include all critical information to avoid future disputes. This not only adheres to Islamic legal principles but also fosters trust between sellers and buyers.