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 Shabaan,1410H (corresponding to 14 20 March,
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;
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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