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Title: E-Commerce From Islamic Perspective
Authors: Mohd Faizul Bin Mohd Badri
Keywords: Electronic commerce (Islamic law)
tes FSU 2004 .M6431
Issue Date: 2004
Publisher: Kolej Universiti Islam Malaysia
Abstract: This research is about e-commerce in Islamic perspective. The study reveals the formation of contract in e-commerce, the offer from e-commerce, the acceptance in ecommerce, and the consideration in e-commerce. The study is however limited to formation of contract in electronic commerce and all relevant aspects to determine its validity before Syariah. To acquire data, this study uses the survey method and library research. The study gathers many books focusing on the formation of contract. Actually, the books are mostly law books including computer law books and Arabic books, which reveal the principal, the ruling, and the condition of valid contract transaction etc of contract in Islamic law. The basic rule in Islamic contract law is Ibadah. Hence, there is some flexibility available in laying new principles so long this doesn't contradict any clear injunction and basic Islamic principle. Where the Islamic contract law is silence about some principles the law as regulated by men made law that does no go against Syariah injunction shall be applicable and permissive. In as much as Islamic contract law concerns, essentially area of contracts, stipulations in contracts and amendments of contractual agreements may be attended in all manners that are realized in legitimate ways. Where there is no established doctrine had existed, Syaria'h allows flexibility. Hence, in this study analogies are constructed on the nearest corresponding principle and suggestions are made on the basis that in commercial affairs things are deemed to be lawful until the contrary is proven.
Appears in Collections:Fakulti Syariah dan Undang-Undang

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