The Form of Contract in Electronic Stores: A Foundational Jurisprudential Study

Abstract

This research, entitled "The Form of Contract in Electronic Stores: A Foundational Jurisprudential Study," investigates the legal form by which contracts are concluded in electronic stores, the methods of expressing this form, the concept of the contract assembly (majlis al-'aqd), and the factors that may prevent the contract from becoming binding in the context of e-commerce. The study adopts inductive, descriptive, and analytical methodologies. It begins by outlining the issue under examination, analyzing it in light of actual practices in electronic transactions, and then grounding it within relevant jurisprudential principles or analogies where applicable. The study concludes that the display of goods by electronic stores to the public is subject to the store's terms and conditions. If the store retains the right to reject the contract even after acceptance by the other party, such a display constitutes an invitation to negotiate, rather than a binding offer in the jurisprudential sense. However, if the store does not reserve this right and is obligated to finalize the contract upon acceptance, the display constitutes a binding offer with full contractual consequences upon acceptance. The study recommends that electronic stores clearly specify in their contracts the point at which the agreement becomes binding.