Konsep Jual Beli Menggunakan Mesin Penjual Otomatis (Vending Machine) Perspektif Wahbah Al-Zuhaili

Abstract

The buying and selling using vending machines are increasingly growing. However, little is known about this trade from the perspective of Wahbah al-Zuhaili. This research investigates the concept of buying and selling using vending machines from Wahbah al-Zuhaili's perspective. The study is conducted through library research, using primary sources such as the book "al fiqh al-Islami," while secondary sources include articles, theses, books, and collections of books related to the field of fiqh. The findings indicate that buying and selling using vending machines fall under the category of "bai’ al-muathah" because there is no explicit offer and acceptance ijab and qabul. Wahbah al-Zuhaili further categorizes this type of transaction into two: valid (sah) and void (batal). It is considered valid when there is a custom and willingness, as he cites the opinions of the mazhab Hanafi, Maliki, and Hanbali. On the other hand, the transaction is deemed void according to the opinion of the mazhab Shafi'i. However, some scholars within the mazhab Shafi'i, including Imam Nawawi, Imam Baghawi, and Imam Mutawalli, consider such transactions valid because they are customary among people. Other scholars from the Shafi'i school, like Ibnu Suraij and Ruyani, allow buying and selling using vending machines for ordinary and inexpensive items. Therefore, buying and selling using vending machines are considered valid (sah) if they are accepted by society as a tradition ('urf), as cited from the opinions of some Shafi'i scholars like Imam Nawawi, Imam Baghawi, and Imam Al-Mutawalli.