Personal shopper services, known as “jastip,” have become a convenient solution for people looking to purchase items from distant locations without having to travel themselves. However, it is essential to understand the terms and conditions, or contracts, involved in this business to ensure that transactions align with Islamic principles. This article will discuss how contracts in jastip work according to Sharia law and provide solutions to ensure compliance with these principles.
Parties Involved in Jastip Transactions
Generally, there are three parties involved in jastip transactions:
- Jastiper: The person or entity offering the personal shopping service, acting as an agent to purchase goods as requested by the customer.
- Customer: The individual who uses the jastip service to buy specific items from a distant or hard-to-reach location.
- Supplier/Store: The merchant or store where the jastiper purchases the items requested by the customer.
The Importance of Separating Loan Contracts and Service Sales
In jastip transactions, it is crucial to avoid mixing loan contracts (qardh) with service sales contracts (tijarah). If the jastiper uses their own money to buy the item before the customer pays, this constitutes a loan. When this loan is combined with a service sales contract, it becomes impermissible according to Sharia, as it involves the mixing of two contracts in a way that goes against Islamic rules.
Sharia Basis for Wakalah Bil Ujrah (Agency with Compensation)
The practice of wakalah bil ujrah (agency with compensation) is allowed in Islamic law. Several pieces of evidence support this type of contract, including:
- The Story of the People of the Cave in the Quran, Surah Al-Kahf, Verse 19: In this story, the People of the Cave (seven youths who slept for over 300 years) appointed one among them to go to the city and buy food with the money they had. This verse indicates that it is permissible for someone to appoint another person to make purchases on their behalf.
“So send one of you with this silver coin of yours to the city; let him find out which is the best food and bring some of that to you. Let him be cautious, and do not make anyone aware of you.” (Al-Kahfi:19)
From this verse, it can be understood that the concept of agency is permissible, and it is also allowed.
- A Hadith Narrated by Bukhari: In another instance, the Prophet Muhammad ﷺ gave 1 dinar to Urwah al-Bariqi (may Allah be pleased with him) to buy a sheep. Urwah managed to purchase two sheep with that 1 dinar, then sold one sheep on the way back for 1 dinar. When he returned to the Prophet ﷺ, he gave him the remaining 1 dinar and one sheep. The Prophet ﷺ approved of his actions and prayed for him:
“O Allah, bless Urwah’s trade.” (Narrated by Ahmad, 19362; authenticated by Shu’aib al-Arna’ut)
This hadith confirms that an agency contract with compensation or profit from such transactions is allowed.
Solutions to Ensure Jastip Aligns with Sharia Principles
To ensure that jastip transactions comply with Islamic principles, the following two schemes can be applied:
- First Scheme: Salam Contract (Advance Payment by Customer)
- Advance payment: The customer must make the payment upfront (in cash) for the desired item, including shipping costs and the fee requested by the jastiper.
- Fixed price: The price of the item must be agreed upon and fixed at the beginning of the transaction, with no changes allowed once the agreement is made.
- Jastiper can earn a margin: The jastiper is allowed to make a profit from the agreed margin, as compensation for the service provided.
- No price change if supplier prices increase: If there is a price change from the supplier after the agreement, the jastiper is not allowed to ask for additional payment because the price has already been fixed from the start. By following these guidelines, this scheme is purely a salam contract with no loan element, making it permissible under Islamic law.
2. Second Scheme: Wakalah Bil Ujrah (Agency with Agreed Fee)
- Transparency in contract terms: The jastiper must clearly explain the terms of the transaction to the customer, including any discounts, bonuses, or additional items from the supplier. All this information must be shared transparently so the customer fully understands the actual conditions of the contract.
- Advance payment by the customer: To avoid any loan element, the customer should make the payment upfront. This way, the jastiper only acts as an agent purchasing the item as requested, without advancing any funds.
- Transport costs are borne by the customer: All additional expenses, such as travel, parking, and other costs, must be agreed upon and paid for by the customer.
- The jastiper’s right is the agreed fee: The jastiper will receive a fee as compensation for the service provided, based on the agreement made beforehand. By implementing this wakalah bil ujrah scheme, the jastiper only serves as an agent who earns a fee based on the service rendered, without any loan or advance funding involved.
Conclusion
Personal shopper services (jastip) can be a profitable and convenient business if operated under the right Sharia principles. It is essential to understand that there should be no mixing of loan contracts with service sales contracts in these transactions. Two permissible schemes for running a jastip business in line with Sharia are the salam contract and the wakalah bil ujrah contract, each with its own set of conditions that must be adhered to.
The main principle to follow is to ensure that all transaction conditions are transparently communicated, and the customer is aware of the agreed terms. By adhering to these rules, jastip can be conducted safely, profitably, and in a manner that remains in line with sharia principles.
Also read: Islamic Ruling on Mudharib (in Mudharabah) Taking Profits Before the Final Calculation
References:
- Antonio, M. S. (2001). Bank Syariah: Dari Teori ke Praktik. Gema Insani.
- Ammi Nur Baits. (2024, February 24). Hukum Jastip. YouTube. https://www.youtube.com/live/cSHJoCIGu60?si=n4Q3M58LGal5ALCT
- El-Gamal, M. A. (2006). Islamic Finance: Law, Economics, and Practice. Cambridge University Press.