Examining The Concept Of Majlis Al-‘aqd (contractual Meeting Place) And Its Implications In Electronic Transactions
ABSTRACT
The prophetic tradition that states that: “the contracting parties have the
right to repudiate or affirm the contract as far as they have not
separated” has been the basis for the concept of majlis al-aqd (contractual meeting place) applicable to Islamic commercial
transactions. The concept has survived since the prophet lifetime and
up till today. Modern Technology on the other hand has advanced the
mode of communication, to wit, concluding contracts nowadays. These
technological inventions have obviated the need to be physically
present whether by oneself or through another human messenger before
a contract could be negotiated and concluded. However, with the
requirement of majlis al-aqd which offer and acceptance must bow to
and abide, it becomes pertinent to examine the concept in the light of
the recent models of concluding contract in Islamic Law. In
undertaking this task, using doctrinal methodology, the traditional
doctrine of majlis al-aqd is briefly brought forward as a parameter to
weigh and measure its application on the modern methods of what can
be termed as majlis al-aqd. For easy dissection of the discourse, the
modern technological means of communication are categorised
according to their forms of usage. Hence, instantaneous and noninstantaneous means of communication and pre-programmed website
contract are considered in the light of the rules and principles of majlis
al-aqd.This paper found that, where the technology used in concluding
contract is one that can be categorized as instantaneous, the classical
rule of majlis al-aqd applies. Where the contract is concluded interabsentees, the rule of majlis al-aqd does not apply. It is however
advisable that parties make adequate stipulations to obviate
unnecessary uncertainty.
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