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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Main Author: Razali, Siti Salwani
Format: Article
Language:English
Published: The International Institute of Islamic Thought 2009
Subjects:
Online Access:http://irep.iium.edu.my/6562/
http://irep.iium.edu.my/6562/
http://irep.iium.edu.my/6562/1/AJISS_article.pdf
id iium-6562
recordtype eprints
spelling 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
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