Islamic Business Law Review of the Practice of Matchmaking Services on Instagram in the Wakalah bil Ujrah and Samsarah Agreements

Abstract

This study was motivated by the rise of Instagram accounts offering paid matchmaking services based on ta'aruf, while the nature of the contracts between service providers and clients has not been extensively examined from the perspective of Islamic business law. This study aims to describe these service practices and analyze their compatibility with the wakalah bil ujrah and samsarah contracts. The study employs a descriptive-analytical qualitative method, using a literature review with juridical-normative and conceptual approaches. Secondary data were sourced from the Qur'an, hadith, fiqh texts, DSN-MUI fatwas, laws and regulations, and previous studies, which were collected through documentation and analyzed descriptively and analytically using deductive reasoning. The research findings indicate that the practice of matchmaking services essentially involves a mixed contract. The activity of bringing prospective partners together has the characteristics of a samsarah contract, while the screening of participants, the sharing of information, and the arrangement of meetings reflect a wakalah bil ujrah contract. This practice can be deemed valid if the subject of the service is halal and intended for marriage, the fee is clear and agreed upon from the outset, there are no misleading claims of success, and the participants' trust and data privacy are safeguarded. Potential issues arise from unwritten contracts, non-refundable fees, success claims, and the handling of personal data. Thus, the “sharia-compliant” label is not the sole measure of validity, as fulfilling the pillars and conditions of the contract, along with consumer protection, are the primary considerations. Therefore, a standardized written contract model is necessary for matchmaking services based on ta'aruf.