Contracting Concept of ‘Meeting Place’ in Islamic Law: Is There a Room for its Possible Implementation in Internet Transactions?
Vol.5,No.2(2011)
Abstract
Pages:
p. 145–161
This article examines whether it is plausible to apply the contracting norm of ‘Meeting Place’ in contracts being formed electronically without the presence of the contracting parties. It is aimed to critically engage in a balanced fashion between the traditional theoretical interpretation of the 'Meeting Place' and the practicalities involved from the use of technological means to form transactions in cyberspace. The Internet, in particular, has played a significant part in the development of commercial activities in many parts of the world. Hence, particular attention will be paid to discuss the appropriate implementation to the concept of ‘Meeting Place’ in light of transactions formed online via the Internet. Attempt will be made to define the concept and signify its objective in Islamic Law of Contract. Discussions will go further to question the possible application of the ‘Meeting Place’ concept in instantaneous and non-instantaneous mediums of communication.
p. 145–161
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