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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| Format: | Article |
| Language: | English |
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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/6562/1/AJISS_article.pdf |
| _version_ | 1848776688873242624 |
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| author | Razali, Siti Salwani |
| author_facet | Razali, Siti Salwani |
| author_sort | Razali, Siti Salwani |
| building | IIUM Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-14T14:34:04Z |
| format | Article |
| id | iium-6562 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:34:04Z |
| publishDate | 2009 |
| publisher | The International Institute of Islamic Thought |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |
| spellingShingle | KBP1 Islamic law.Shariah.Fiqh Razali, Siti Salwani The invitation to treat and Mu'atah in online contracts |
| title | 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_short | The invitation to treat and Mu'atah in online contracts |
| title_sort | invitation to treat and mu'atah in online contracts |
| topic | KBP1 Islamic law.Shariah.Fiqh |
| url | http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/ http://irep.iium.edu.my/6562/1/AJISS_article.pdf |