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The invitation to treat and Mu'atah in online contracts

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

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Abstract

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.

Item Type: Article (Journal)
Additional Information: 3804/6562
Uncontrolled Keywords: Mu'atah, online contracts
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Economics and Management Sciences > Department of Business Administration
Depositing User: Dr Siti Salwani Razali
Date Deposited: 11 Nov 2011 10:04
Last Modified: 22 Nov 2011 02:03
URI: http://irep.iium.edu.my/id/eprint/6562

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