Akad Ju’alah dalam Affiliate Marketing: Perspektif Hukum Islam

Abstract

Whoever has agreed to trust each other in performing anything is considered to be cooperating in Islam (muamalah). The halal and haram legal considerations of commonplace transactions are addressed in detail in Muamalah. Cooperation in commercial or other muamalah ties is generally considered permitted in Islam, barring any prohibitions found in the Qur'an or other Islamic legal texts. The three forbidden words in Islamic economics are riba, gharar, and maysir, and they appear in all transactions. According to Islamic beliefs, collaboration must be conducted fairly, honestly, without any hint of fraud or force, and in accordance with established procedures. Because the role of a contract in a transaction is an important factor in evaluating the permissibility of a muamalah transaction, it is essential that every muamalah transaction activities classify the contract that will be used. A Ju'alah contract, which is employed in the Affiliate Marketing Program, is a contract that happens between a commodities' owner and a person who sells those items. From an Islamic legal standpoint, this research delves at the role of the ju'alah contract inside affiliate marketing programs for online purchases. This paper examines the ju'alah contract within the framework of Islamic law using a normative juridical technique that combines a conceptual approach with a legislative approach. Affiliate marketing is a kind of performance-based marketing that uses the ju'alah contract to pay out commissions to those who bring in customers. In accordance with Islamic law, the study's findings suggest that a ju'alah contract must be transparent, clear, and devoid of gharar, usury, and maysir in order to be legal. This research suggests that affiliate marketing should be regulated more strictly and that more information should be provided in order to facilitate transactions that adhere to sharia and legal requirements.