Keberangkalian Gharar di dalam E Wallet: Satu Penelitian Awal

Probability of Gharar in E-Wallets: A Preliminary Study

Abstract

The digitalisation of payment methods has shown significant growth among Malaysians, particularly during the COVID-19 pandemic. E-wallets are among the digital payment applications that are user-friendly and easily accessible, both for users and other beneficiaries. In general, e-wallet services are not seen as containing elements that contradict Shariah principles as long as the goods and services purchased are Shariah-compliant. However, several issues have been raised as reminders to e-wallet service providers. Applications that involve multiple parties, such as users, sellers, or merchants, are said to be exposed to elements of gharar, which may potentially render the contract invalid. This paper aims to provide a preliminary view on the risk of gharar occurring in transactions using e-wallets, which are increasingly popular among users. The findings indicate that if the underlying relationship between the parties involved in e-wallet services is based on a wakalah (agency) contract or a wadi‘ah (safekeeping) contract, the likelihood of gharar is minimal, as these contracts are built upon the principle of benevolence (ihsan).