An analysis of Islamic law's aspects of the e-sale contracts : the formation of a valid e-sale contract

Aidh Sultan M Albaqme

Research output: ThesisDoctoral Thesis

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[Truncated] This research investigates and evaluates the formulation of the e-sale contract under the law of Islam. The project aim is to study the legal changes in this contract under the studies and guidance of four Islamic Sunni Schools which have been selected for this research. The current research report is a comprehensive study which involves a thorough study of the objectives and rules pertaining to the formation of the e-sale contract. These are examined in light of the general principles of contract laid out by the Islamic law (Shari'ah) which form the basis of contractual dealings between individuals and businesses. For a sale contract to exist there must be two parties and one party makes an offer and the other must accept it. The sale contract becomes binding once acceptance of terms formulating the deal is achieved. The current research examines the sale contract in the electronic environment where parties enter into a contract to exchange products or services via the web. Legally binding sales or e-sale contract over the internet are usually in the form of email, EDI etc. Thus, through this research a comprehensive understanding is developed by studying and presenting a whole range of vital literature which would help in presenting the main elements of the e-sale contract under the general rules of Islamic law. Such dealings through the internet and eventual e-sales may involve different legal consequences which may be difficult to comprehend by those lacking sufficient understanding. This research will help in increasing awareness by providing a study of issues related to the basic phases of formulation process involving contracts and respective obligatory requirements under the Islamic law.
Original languageEnglish
Awarding Institution
  • The University of Western Australia
Publication statusUnpublished - 2009

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