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AL Laroussi, Hesham Mohamed MA (2017) التجارة الإلكترونية من منظور الشريعة الإسلامية: دراسة تحليلية عن موقع السوق المفتوح. Masters thesis, UIN Sunan Ampel Surabaya.
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Abstract
The study on the online business topic (e-commerce) discusses about the explanation of laws on the implementation of online contracts through global networks, or well-known as internet. It also describes about the contract rules and the effects. At the beginning of 21 century and the third millennium, people has attracted by remarkable scientific advancement appearing in the -international sites, and this is confidently the result of profound scientific development. Several factors taking significant roles on the online business development and progression include the participation of global information networks in the national and international business aspects. This begins from what the world has witnessed in the technology enhancement and the modernization challenge on the business development among countries as the way out of the economic crisis happened in some countries worldwide. In accordance with the described problem, the researcher arranged several research problems to illustrate the research limitation consisting of: 1) how is the agreement of global online business in relation to economy and Islamic laws? 2) How is the work of open shops in Libya in the online business according to Islamic law perspectives? In order to explain the appropriate solution for the research problems, the researcher implemented an inductive analysis method by interpreting the Islamic scholars’ views and analyzing the backgrounds used as the foundation by open shops. The researcher also employed a descriptive qualitative method to review the belief of the open shop users through information networks (internet) by using questionnaires arranged to gather the information (data). The findings showed that the online business based on the Islamic law perspective is a system of information aiming at realizing the trading exchange globally which is far from the geographic interference. The administration and assemble of data and information in this system was converted into electronic numbers. The researcher found several results, consisting of: 1) the definition of online business contract worldwide from the perspective of economy and Islamic laws; the term of the online business according to Islamic laws is not merely on the change of several occurrences; such as modern business transactions which the stipulation and the laws are guided from the Islamic laws statements in Al-Qur’an, Hadiths, Ijma’, Qiyas, Urf, Maslahah Mursalah, Istihsan and Saddu Dzara’i. Furthermore, the term of online businesses in the perspective of economy is defined as the need of trading transactions utilizing electronic sites (websites) available in the internet networks, and the causes are back to the big dependence on the use of online businesses in the recent era (technology and information era). 2) Open shops in Libya implemented online business; in accordance with the Islamic law perspective, the online business looked up and gave commitment to the purposes (Maqashid Syar’iyah) stated in the Islamic laws by applying the prosperity to result in benefits and avoid collision. Thus, the researcher considers that Islamic laws have flexibility to new ideas and some changes by giving solutions which are appropriate with the era and the society. This is a good attribute contained in the Islamic laws provision to achieve the goal. We contemplate it through the policies owned by open shop sites considering the rules and the Islamic laws stipulation despite of not maximal. The online business (E-commerce) has witnessed several violations against the rules of Islamic laws, like in the traditional business, such as the irrelevancy on the business practices. This case can be tackled through the construction of technical regulations and laws since it is not a result from the technical problem yet the practical administration and willingness (policy).
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| Item Type: | Thesis (Masters) | ||||||
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| Subjects: | Ekonomi Islam | ||||||
| Keywords: | Online business; Islamic Law; Islamic Economy; open shop | ||||||
| Divisions: | Program Magister > Ekonomi Syariah | ||||||
| Depositing User: | Al Laroussi Hesham Mohamed MA | ||||||
| Date Deposited: | 18 Sep 2017 04:45 | ||||||
| Last Modified: | 18 Sep 2017 04:49 | ||||||
| URI: | http://digilib.uinsa.ac.id/id/eprint/20206 |
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