آن لائن تجارتی معاملات میں ایجاب و قبول کی حقیقت، حیثیت اور طریقہ کا فقہی جائزہ

A Juristic Analysis of Offer and Acceptance, Nature, Validity, and Procedure in Online Commercial Transactions

Abstract

This study examines the nature, validity, and procedural application of ījāb (offer) and qabūl (acceptance) in contemporary online commercial transactions from a shariah perspective. In light of rapid technological advancements and the expansion of e-commerce, traditional modes of contract formation have evolved into digital formats, necessitating a re-evaluation of classical juristic principles. The research analysis foundational juristic positions of the four schools regarding the essential elements of a contract, with particular focus on the primacy of ījāb and qabūl. It further explores modern mechanisms of contract execution, including verbal (audio/video), written (email, messaging), and symbolic methods (click-based acceptance), assessing their compliance with Islamic legal standards. The study highlights the role of customary practice (urf), continuity of contractual session (majlis al-aqd), and the requirement of mutual consent in validating online agreements. Additionally, it discusses issues such as delayed acceptance, electronic signatures, and the legal implications of digital communication. The findings suggest that, subject to the fulfillment of shariah conditions, online contracts are permissible and functionally analogous to classical forms of agreement, thereby providing a viable framework for modern Islamic commercial practice.