RESOLUTION
NO. (52/3/6)
CONCERNING ‘THE EXECUTION OF CONTRACTS
TRHOUGH MODERN MEANS OF COMUNICATION’
Quote - The Council of the Islamic Fiqh Academy, in its
sixth session, held in Jeddah, Kingdom of Saudi Arabia, from 17
- 23 Sha’baan,1410H (corresponding to 14 20 March,
1990),
Having studied the papers presented to
the academy on the subject of “the execution of contracts
through modern means of communication’,
Keeping in
view the enormous development in the field of communication
instrumental and the current practice of using them in the execution
of contracts to ensure prompt financial transactions,
Having
recalled the discussions among Muslim jurists concerning the
conclusion of contracts verbally, in writing or through a
messenger,
And having recalled the
established principles that a contract between the two parties
requires the unity of “majlis” (except in the case of will
and agency), and conformity of the offer with the acceptance and the
lack of any sign indicating unwillingness of a party, and the
continuity of the offer and the acceptance according to
custom;
RESOLVES
First:If the contract is
concluded between two parties who are not present in one place, and
none of them can see the other physically, can hear his voice, and
they are communicating to each other through writing or through a
messenger, which includes telegraph, telex, fax and the screen of
computer then, the contract shall be deemed to be completed when the
offer is communicated to the offeree and the acceptance is
communicated to the offerer.
Second:If the contract has
been concluded between two parties at the same time, and they are in
different places, as in the case of telephone and wireless, then this
contract shall be deemed a contract between present parties, and it
will be subject to the original rules established by Muslim jurists
which have been pointed out in the preamble of this
resolution.
Third:If a person extending an offer through
these instruments subjects his offer to a specified period, he shall
be bound to abide by his offer throughout this period and cannot
retract from it.
Fourth:The preceding rules shall not
extend to the contract of marriage because the presence of two
witnesses is a necessary condition for its validity, nor shall it
extend to the contract of “Sarf”(exchange of gold or silver
against gold or silver), because it requires the possession from both
sides in the “majlis” nor to the contract of “Salam”
(purchase of future goods by a spot price), because the immediate
payment of the capital price is necessary for the validity of such
contracts.
Fifth:In relation to the possibility of forgery,
distortion or error, reference shall be made to general rules of
evidence.
Verily, Allah is All-Knowing – Unquote
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