Database Business Law in Islam, Is It Permissible?
Want to Wrestle in the Database Business? Know in advance the Database Business Law in Islam!
Along with the development of technological advances, there are many various conveniences in doing business or business.
This can be done online and there are lots of shops, companies that used to only do offline buying and selling are also starting to participate in opening their outlets online.
Utilizing various Internet media through websites, well-known online stores or through social media such as Facebook, Line, Instagram, and so on.
Then through the online business, it also began to attract many people who were eager to participate in doing business online.
Even though they don’t have goods or shops, that’s where the term Dropship (DS), Reseller (RS), or Affiliate (AFI) is usually known in the offline world by the name of broker/marketing or sales.
So DS, RS, and AFI are able to sell goods and can have online outlets by posting various photos of various supplier products that are invited to cooperate.
Then the question arises from where did these DS, RS and AFI get supplier links?, and how?
One way of answering this is through a contact list or database of large producer companies obtained from collecting it by buying or copying it from someone who owns it.
The business of buying and selling databases has long been carried out in the offline world, by various large companies, especially the sales and marketing department.
What is Database Business?
In this case, questions began to arise about the law of database business in Islam.
Over time and also the rise of online business, especially activities as an affiliate or marketing/broker/sales and Dropship as well as reseller.
These various professions require many suppliers to be able to support sales transactions and compete to be able to get a variety of varied products.
The positive thing that you can take is that the data is very helpful for Affiliates / DS / RS in terms of getting goods.
The negative thing is that sometimes the data that has been provided is invalid, or there can be a risk of fraud if it is not really checked carefully and correctly.
By law, buying and selling this database is strictly prohibited because it violates privacy without the permission of the data owner. This means tantamount to data theft and eventually fall into the category of cyber crime.
ITE Law Article 32
In the view of Islamic law, the database business law in Islam is more or less the same as this conventional law.
(1) That every person intentionally and without rights or against the law in any way such as changing, adding, reducing and transmitting.
It can also damage, remove and transfer, Hiding an Electronic Information or it can also be in the form of Electronic Documents belonging to other people or public property.
(2) Any person intentionally and without rights or against the law in any way.
Transferring or transferring Electronic Information or in the form of Electronic Documents to an unauthorized Person’s Electronic System.
CRIMINAL THREATS – UU ITE Article 48
(1) Everyone who has fulfilled the elements as referred to in Article 32 paragraph (1). Sentenced to a maximum imprisonment of 8 (eight) years and/or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah).
(2) Everyone who has fulfilled the elements as referred to in Article 32 paragraph (2). Sentenced to a maximum imprisonment of 9 (nine) years and/or a maximum fine of Rp. 3,000,000,000.00 (three billion rupiah).
In religious law, the database business law in Islam is very clear, this transaction has violated shariah trading.
This sale and purchase transaction in Islam is included in the sale and purchase of Fudhul, namely buying and selling belonging to other people without the permission of the owner. And also buying and selling Gharar, namely buying and selling goods that contain elements of deception.
