الیکٹرانک عقود میں ایجاب و قبول کے شرعی تقاضے: ایمازون کا تجزیاتی مطالعہ

Shariah Requirements of Offer and Acceptance in Electronic Contracts: An Analytical Study of Amazon

Abstract

In the modern era, technological advancements have revolutionized traditional commerce, making electronic contracts a significant medium for trade. Platforms like Amazon have become pivotal in facilitating global transactions through seamless and efficient processes. This article examines the Islamic legal requirements of offer (ijab) and acceptance (qabul) in electronic contracts, with a particular focus on Amazon’s contractual framework. The study delves into the jurisprudential interpretations of ijab and qabul considering classical and contemporary Islamic scholarship, addressing key issues such as the presence of the subject matter (ma’qood ‘alayh) and the applicability of shariah principles to electronic transactions.

The findings indicate that electronic contracts, like those on Amazon, align with the Islamic concept of trade provided specific conditions are met, such as transparency in product descriptions, the buyer’s right to inspect (khiyar al-ru'yah). The article categorizes Amazon contracts under the Islamic classifications of bay‘al-gha’ib (sale of unseen goods), bay‘ al-barnamaj (document-based sales), and bay‘ al-namudhaj (model-based sales). These contracts are deemed valid under shariah, with slight variations in interpretation among different schools of thought. The study highlights the necessity of harmonizing contemporary commerce with Islamic principles, offering recommendations for the development of a standardized framework for e-commerce in line with shariah guidelines.