In Islamic jurisprudence, the fundamental principles of trade encompass more than just the clarity of the goods being sold. Ownership and the right to transfer ownership are also crucial elements in ensuring legitimate and fair transactions.
Ownership and the transfer of rights in the context of digital products add complexity compared to physical goods. Although digital products like software, music, or e-books lack a physical form, the usage rights granted to buyers must still comply with Shariah.
According to Al-Kasani, “The rights to the usage license for digital products must align with the principles of ownership in Islamic jurisprudence.” Al-Kasani, A. (2012). Badai’ al-Sanai’ fi Tartib al-Sharai’ (Vol. 1). Dar al-Kutub al-Ilmiyyah.
Al-Shafi’i, in his Al-Risalah, states, “Uncertainty in digital transactions can be avoided by ensuring that all aspects of the product are described in detail.” Al-Shafi’i, M. (2015). Al-Risalah. Dar al-Fikr. p. 103.
Gharar, or excessive uncertainty, is one of the key concepts in Islamic law related to transactions. Gharar refers to ambiguity or uncertainty in a transaction that could lead to conflict or injustice.
In the context of digital products, issues of gharar may arise if the product descriptions or access rights are not clearly defined, which can create potential risks and confusion for buyers.
Scholars have varied opinions on the sale of digital products. Some scholars argue that the fundamental principles of trade in Islamic jurisprudence still apply to digital products.
Al-Sa’di notes, “Although digital products are intangible, basic principles in Islamic jurisprudence, such as clarity and ownership, still hold.” Al-Sa’di, M. (2020). Contemporary Issues in Islamic Finance. Journal of Islamic Economics, 15(2), 45-62. p. 52.
It is well-known that selling non-existent goods is not permissible, as one of the pillars of trade is the existence of the product. Therefore, some scholars emphasize the need for adjustments in evaluating digital transactions.
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