Implementasi Qawaid Fiqhiyah dalam Fiqh Muamalah pada Sistem Flash Sale

Studi Kasus Marketplace di Indonesia

Abstrak

The growth of e-commerce in Indonesia has given rise to various digital marketing strategies, one of which is the flash sale, which offers substantial discounts for a limited time and with limited stock. Although this practice has been shown to significantly drive the growth of digital transaction value, in-depth studies on its compatibility with the principles of Islamic law remain limited. This study aims to analyze the mechanisms of flash sales on five major marketplaces in Indonesia—namely Shopee, Tokopedia, TikTokShop, Lazada, and Blibli—from the perspectives of fiqh muamalah and Qawaid Fiqhiyah. The method employed is a qualitative approach using library research through descriptive-analytical analysis of relevant scientific literature. The results of the study indicate that flash sales are fundamentally permissible based on the principles of al-ashlu fil mu'amalat al-ibahah and al-'adah muhakkamah, and the profits earned by business operators are justified based on the principle of al-ghunmu bil ghurmi. However, the practice of flash sales becomes problematic from a Sharia perspective if it contains elements of gharar (uncertainty), tadlis (deception), and psychological pressure (ikrah) that undermine the consumer’s willingness (taradhin). The principles of “la dharar wa la dhirar” and “sadd adz-dzari'ah” require price transparency, honesty regarding stock information, and regulations that prevent excessive consumer behavior. This study concludes that the legality of flash sales in Islam is conditional, depending on honesty, transparency, and the protection of consumer rights in accordance with the principles of maqashid al-syariah.