When Online Transportation Becomes a Space for Fraud: A Critique of Islamic Law on Violations of the Contract and the Principle of Shidq

Abstract

This study aims to analyze fraudulent practices in online transportation services that are inconsistent with the agreed terms from the perspective of Islamic law, focusing on violations of the ijarah contract and the principle of honesty (shidq). The research employs a normative legal method with statutory, conceptual, and Islamic normative approaches. Data were collected through library research, including legislation, academic literature, and primary Islamic legal sources such as the Qur’an and Hadith, and were analyzed using a descriptive-analytical method. The results indicate that online transportation services fundamentally constitute an ijarah contract, which requires clarity of benefits, pricing, and mutual agreement between the parties. However, in practice, deviations are found, such as additional charges imposed outside the initial agreement and discrepancies in service delivery, which can be classified as tadlis (fraud). These actions also violate the principles of shidq (honesty) and amanah (trust), which serve as the ethical foundation in Islamic commercial transactions. The legal implications in Islamic law include the right of the aggrieved party to claim compensation (ta’widh) and to terminate the contract (fasakh), as well as the obligation of the perpetrator to return unlawfully obtained benefits. Additionally, the offender may be subject to ta’zir sanctions to maintain public order and ensure societal welfare. This study emphasizes the importance of integrating positive law with Islamic legal principles to establish a fair, transparent, and consumer-oriented online transportation system.