Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts

‘Invitation to treat’ looks similar to an offer in a contract but for business convenience and to protect the interests of sellers of goods, the courts differentiated ‘invitation to treat’ from an ‘offer’ on policy grounds. The authors of ‘contract law’ in the UK and other common law countries h...

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Main Author:	Jalil, Md. Abdul
Format:	Article
Language:	English
Published:	Mind Reader Publications 2011
Subjects:	BP173.75 Islam and economics KBP Islamic Law
Online Access:	http://irep.iium.edu.my/26661/ http://irep.iium.edu.my/26661/ http://irep.iium.edu.my/26661/1/Adoption_of_the_principle_of_invitation_to_treat_in_Islamic_law_of_contracts.pdf

id	iium-26661
recordtype	eprints
spelling	iium-266612012-12-06T06:16:00Z http://irep.iium.edu.my/26661/ Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts Jalil, Md. Abdul BP173.75 Islam and economics KBP Islamic Law ‘Invitation to treat’ looks similar to an offer in a contract but for business convenience and to protect the interests of sellers of goods, the courts differentiated ‘invitation to treat’ from an ‘offer’ on policy grounds. The authors of ‘contract law’ in the UK and other common law countries have analyzed the principle of an ‘invitation to treat’ and have accepted the rationale for its differentiation from an ‘offer’ in contracts. Some Islamic scholars have opposed the differentiation and argued that ‘invitation to treat’ is in fact an offer and when accepted by the offeree, becomes a binding contract. However, their arguments for not accepting the rule of an ‘invitation to treat’ are not very convincing. The purpose of this paper is to put forward the argument that there is an acceptable rationale for differentiating an ‘invitation to treat’ from an offer and to propose that the principle of ‘invitation to treat’ can be adopted in the Islamic law of contract as it does not contradict any shariah (Islamic law) principles. It is to be noted that in this article the English common law principle of ‘invitation to treat’ has been compared with Islamic law of contract. The relevant laws from other common law jurisdictions have not been discussed in this article. Mind Reader Publications 2011-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/26661/1/Adoption_of_the_principle_of_invitation_to_treat_in_Islamic_law_of_contracts.pdf Jalil, Md. Abdul (2011) Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts. International Journal of Management and Technology, 1 (1). pp. 135-153. ISSN 0976-0924 http://ijmt.yolasite.com/resources/150111.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	BP173.75 Islam and economics KBP Islamic Law
spellingShingle	BP173.75 Islam and economics KBP Islamic Law Jalil, Md. Abdul Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
description	‘Invitation to treat’ looks similar to an offer in a contract but for business convenience and to protect the interests of sellers of goods, the courts differentiated ‘invitation to treat’ from an ‘offer’ on policy grounds. The authors of ‘contract law’ in the UK and other common law countries have analyzed the principle of an ‘invitation to treat’ and have accepted the rationale for its differentiation from an ‘offer’ in contracts. Some Islamic scholars have opposed the differentiation and argued that ‘invitation to treat’ is in fact an offer and when accepted by the offeree, becomes a binding contract. However, their arguments for not accepting the rule of an ‘invitation to treat’ are not very convincing. The purpose of this paper is to put forward the argument that there is an acceptable rationale for differentiating an ‘invitation to treat’ from an offer and to propose that the principle of ‘invitation to treat’ can be adopted in the Islamic law of contract as it does not contradict any shariah (Islamic law) principles. It is to be noted that in this article the English common law principle of ‘invitation to treat’ has been compared with Islamic law of contract. The relevant laws from other common law jurisdictions have not been discussed in this article.
format	Article
author	Jalil, Md. Abdul
author_facet	Jalil, Md. Abdul
author_sort	Jalil, Md. Abdul
title	Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
title_short	Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
title_full	Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
title_fullStr	Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
title_full_unstemmed	Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts
title_sort	adoption of the principle of ‘invitation to treat’ in islamic law of contracts
publisher	Mind Reader Publications
publishDate	2011
url	http://irep.iium.edu.my/26661/ http://irep.iium.edu.my/26661/ http://irep.iium.edu.my/26661/1/Adoption_of_the_principle_of_invitation_to_treat_in_Islamic_law_of_contracts.pdf
first_indexed	2023-09-18T20:39:41Z
last_indexed	2023-09-18T20:39:41Z
_version_	1777409281058930688

Adoption of the principle of ‘Invitation to Treat’ in Islamic law of contracts

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