The invitation to treat and Mu'atah in online contracts
When dealing with an offer, it is crucial to determine whether a “statement” amounts to an “offer” or a mere “invitation to treat.” Even though “offer” and “acceptance” are among the basic elements of any binding contract, both [English] common law and Islamic law have their own views on what consti...
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The International Institute of Islamic Thought
2009
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| Online Access: | http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/1/AJISS_article.pdf |
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iium-6562 |
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eprints |
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iium-65622011-11-21T18:03:17Z http://irep.iium.edu.my/6562/ The invitation to treat and Mu'atah in online contracts Razali, Siti Salwani KBP1 Islamic law.Shariah.Fiqh When dealing with an offer, it is crucial to determine whether a “statement” amounts to an “offer” or a mere “invitation to treat.” Even though “offer” and “acceptance” are among the basic elements of any binding contract, both [English] common law and Islamic law have their own views on what constitutes an invitation to treat. This paper focuses on the invitation to treat and mu`atah as specified in Islamic law. The following points will be discussed: (1) how the invitation to treat can be considered a valid contract, although common law has ruled it invalid because a mere invitation to treat does not constitute an offer; (2) a comparison of their differences in the context of online or cyber transactions. Several Qur’anic verses, hadiths, and opinions from Muslim and non-Muslim scholars will be presented, and specific cases will be referenced; and (3) providing a better understanding of both principles and an analysis of some critical issues, especially with regard to the invitation to treat. The International Institute of Islamic Thought 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6562/1/AJISS_article.pdf Razali, Siti Salwani (2009) The invitation to treat and Mu'atah in online contracts. The American Journal of Islamic Social Sciences (AJISS), 26 (2). pp. 79-101. ISSN 0742-6763 http://www.amss.org/AJISS/AJISSMissionStatement.aspx |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP1 Islamic law.Shariah.Fiqh |
| spellingShingle |
KBP1 Islamic law.Shariah.Fiqh Razali, Siti Salwani The invitation to treat and Mu'atah in online contracts |
| description |
When dealing with an offer, it is crucial to determine whether a “statement” amounts to an “offer” or a mere “invitation to treat.” Even though “offer” and “acceptance” are among the basic elements of any binding contract, both [English] common law and Islamic law have their own views on what constitutes an invitation to treat. This paper focuses on the invitation to treat and mu`atah as specified in Islamic law. The following points will be discussed: (1) how the invitation to treat can be considered a valid contract, although common law has ruled it invalid because a mere invitation to treat does not constitute an offer; (2) a comparison of their differences in the context of online or cyber transactions. Several Qur’anic verses, hadiths, and opinions from Muslim and non-Muslim scholars will be presented, and specific cases will be referenced; and (3) providing a better understanding of both principles and an analysis of some critical issues, especially with regard to the invitation to treat. |
| format |
Article |
| author |
Razali, Siti Salwani |
| author_facet |
Razali, Siti Salwani |
| author_sort |
Razali, Siti Salwani |
| title |
The invitation to treat and Mu'atah in online contracts |
| title_short |
The invitation to treat and Mu'atah in online contracts |
| title_full |
The invitation to treat and Mu'atah in online contracts |
| title_fullStr |
The invitation to treat and Mu'atah in online contracts |
| title_full_unstemmed |
The invitation to treat and Mu'atah in online contracts |
| title_sort |
invitation to treat and mu'atah in online contracts |
| publisher |
The International Institute of Islamic Thought |
| publishDate |
2009 |
| url |
http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/1/AJISS_article.pdf |
| first_indexed |
2023-09-18T20:15:34Z |
| last_indexed |
2023-09-18T20:15:34Z |
| _version_ |
1777407764430061568 |