Legal Position of "Gift" in Live Streaming Broadcasts on the TikTok Platform: Between Grants and Service Wages (Ju'alah)

Abstract

The phenomenon of digital "tipping economy" through virtual gifting features on TikTok has created a new economic structure for content creators in Indonesia, yet it leaves a legal vacuum regarding its ownership status and contract (aqd) from a Sharia perspective. This study aims to analyze the legal position of TikTok gifts by examining whether they meet the criteria of Hibah (voluntary gift) or Ju’alah (reward for services). Using a socio-legal research method with a qualitative approach, data were collected through participant observation of live streaming sessions and in-depth interviews with digital gift givers. The results indicate a transmutation of contracts in live streaming interactions; giving that was originally social (tabarru’) shifts to transactional (tijari) when triggered by stimuli such as challenges or PK (Player Kill). The study concludes that the majority of TikTok gifting practices are more accurately categorized as Ju’alah contracts, where the gift functions as ujrah (wage) for entertainment services. Ethically, this research highlights the degradation of muru’ah values in the "online begging" phenomenon and asserts that the halal status of such income heavily depends on the content's compliance with Sharia principles. This study recommends the need for ethical regulations for creators to maintain dignity in digital monetization.