Mitigating The Element Of Gharar In Mysterious Scoop Sales Practices On E-Commerce Platforms: A Sharia Economic Perspective

Abstract

The rapid advancement of digital technology has transformed global economic transaction patterns, including in Indonesia. One recent innovation in e-commerce is the Mysterious Scoop or mystery box, which consumers pay a predetermined price without knowing the exact item they will receive. This practice raises concerns in Islamic economics because it involves elements of gharar fahish (excessive uncertainty), which contradicts the Sharia principle of clarity regarding the object of the contract (ma'qud 'alayh). In Islamic economic transactions, freedom from riba, gharar, and maysir is fundamental to ensuring justice and mutual benefit. This study aims to analyze the forms of uncertainty (gharar) inherent in Mysterious Scoop transactions and to propose a mitigation model aligned with the principles of transparency and fairness in Islamic economics. Employing a qualitative approach through library research, the study draws upon classical and contemporary fiqh literature, usul fiqh arguments, and scholarly opinions concerning the prohibition of gharar in sales contracts. The findings reveal that the Mysterious Scoop practice contains gharar due to ambiguity regarding the object of sale. Therefore, mitigation measures are required to ensure Sharia compliance, including: (1) setting product values equal to or higher than the selling price to prevent losses; (2) requiring sellers to categorize goods based on minimum utility value and basic product specifications; and (3) restructuring the contract to clarify the nature of the transaction—whether as a gift-with-purchase, a Sharia-compliant lottery, or a limited sale model. In conclusion, this study emphasizes that mitigating gharar in Mysterious Scoop sales practice is crucial to upholding the principles of justice, transparency, and welfare in Sharia-based e-commerce practices.