Sunday, September 6, 2009

Electronic Commerce From the perspective of Islamic jurisprudence

Master
Electronic Commerce
From the perspective of Islamic jurisprudence


Setting
Student: Ahmed Ameddah
Sponsored by:
Dr. Saleh BOUBECHICHE


versity of Batna - Algeria --
2006

To download the letter Click here


One of the important sources
Journal of Islamic Fiqh Academy, the sixth session of the Conference of Islamic jurisprudence, No. VI, Part II, 1410 H / 1990
Jeddah (Saudi Arabia)
17 - 23 August 1410
14 - 20 March (March) 1990


Resolutions No. 50-6


In the name of God the Merciful
Praise be to Allah and peace and blessings be upon our master Muhammad, the Seal of the Prophets and his family and companions


Resolution: 52 (3 / 6) [1]

On

Ruling on Contracts machines of modern communication

The Council of the International Islamic Fiqh Academy, held at the sixth session of the conference in Jeddah in Saudi Arabia from 17-23 August 1410, 14 - 20 March (March) 1990,
After studying the research contained in the compound on the subject of a contract with machines of modern communication,
Due to the great development that took place in the means of communication and flow of work in the conclusion of contracts for the expeditious completion of financial transactions and dispositions,
And by invoking what he experienced scholars to conclude contracts on speech and writing and reference in the Prophet, and decided that the contract between the present and requires a union board - except for the Wills and recommending the Agency - and match the offer and acceptance, and the lack of evidence of the reluctance of one Akadin of contract, and loyalty between the offer and acceptance by custom.
Decided as follows:
First: If the contract between the absentee does not share a single place, the other one does not see a preview, or heard his words, and was the means of communication between them in writing or in the message or the Embassy (the Prophet), and applies to the telegraph, telex, fax and computer monitors (computer), in This situation meets the contract when the offer reaches the addressee and acceptance.
Secondly: If the contract between two parties at one time and they are in places far apart, and this applies to the telephone, radio, the contract is a contract between two people present, and apply to this case, the original provisions prescribed by the scholars referred to in the preamble.
Third: if a viewer, this means, positively fixed-term binding Iijah to stay on during that period, and has no irreversible.
IV: The previous rules did not include a requirement for certification of marriage and there is no rate for the exchange be required, nor peace to the requirement to accelerate the capital.
Fifthly: With regard to the possibility of forgery or fraud or mistake which was due to the general rules of evidence.
And Allaah knows best;;

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