Gift Virtual Berbayar di Aplikasi Streaming: Analisis Akad, Gharar, dan Israf Menurut Fikih Muamalah

Abstract

The evolution of live streaming applications has given rise to a new form of digital economic transaction—paid virtual gifts—involving significant financial flows and widespread public participation, particularly in Indonesia. This phenomenon raises issues within *fiqh muamalah* (Islamic commercial law) because these transactions occur without an explicit contract (*akad*), potentially involve ambiguity regarding the benefits received (*gharar*), and encourage excessive consumption. This study aims to analyze the practice of paid virtual gifts on live streaming apps from the perspective of *fiqh muamalah*, focusing on identifying the type of contract involved, detecting elements of *gharar* in the transaction mechanism, and analyzing the potential for *israf* (extravagance) in viewers' gifting behavior. A qualitative approach with a descriptive-analytical design was employed. Data were gathered through document analysis, observation of live streaming content, and case studies of TikTok Live creators in Indonesia, supplemented by secondary data from digital media reports. Data analysis utilized the frameworks of *fiqh muamalah* and *maqashid al-shari'ah* (the objectives of Sharia). The findings indicate that paid virtual gifts in live streaming can be categorized as either a *hibah* (gift) or *ju'alah* (reward for a specific act) contract, depending on the context and purpose of the gift. However, in practice, there is potential for *gharar* due to the ambiguity of the benefits received by viewers, as well as potential for *israf* driven by consumptive behavior—fueled by emotional interactions and the competitive atmosphere of live broadcasts.