Digital Transactions Without Ijab Qabul in the 5.0 Era: Legal and Ethical Perspectives in Advancing the SDGs

Abstract

Objective: This study aims to analyze the opportunities, challenges, and legal implications of transactions conducted without explicit ijab qabul (offer and acceptance) in the context of the 5.0 era and the modern digital market. The main objective is to assess how rapid technological advancements and evolving consumer behavior influence the legitimacy and economic functionality of such transactions from both Islamic legal and global regulatory perspectives. This research contributes to the Sustainable Development Goals (SDGs), particularly SDG 9 (Industry, Innovation, and Infrastructure) and SDG 16 (Peace, Justice, and Strong Institutions), by promoting inclusive, fair, and secure transaction models in the digital economy. Theoretical framework: The theoretical framework is rooted in Islamic contract law (Fiqh al-Muamalat), particularly the concept of bai’ mu’athah, which allows for tacit agreement based on mutual consent, even in the absence of formal verbal or written communication. This is supported by various classical and contemporary opinions, including scholars from the Maliki and Shafi’i schools of thought. Literature review: The literature review highlights that while traditional contracts emphasized verbal declarations, evolving practices and technological integration have reshaped the application of aqd (contract) principles in modern commerce. Methods: This study adopts a mixed-method approach, utilizing both qualitative and quantitative data collection. Literature studies, structured surveys, and in-depth interviews with stakeholders—including merchants, consumers, and legal experts—serve as the primary sources of data. Comparative analysis is applied between field data and established legal norms. Results: Findings indicate that non-verbal digital transactions (e.g., barcode scanning in supermarkets or online checkouts) provide greater efficiency and access in modern markets, yet pose challenges regarding legal clarity, consumer protection, and enforceability. Implications: Islamic law shows flexibility through bai’ mu’athah, yet consistent standards are required for broader implementation. Novelty: The novelty of this study lies in combining Islamic legal thought with digital transaction practices to support inclusive, ethical commerce aligned with the SDGs, thus offering a pathway for regulatory adaptation in both Islamic and global contexts.