اثر وسائل الاتصالات الحديثة فى أحكام العقود : خيار المجلس نموزجا /
The modern era has witnessed many important influential developments which affect the depth of the financial industry and banking through the use of modern mediums of communication. The purpose is to facilitate and ease people's daily needs and transactions, which is no doubt one of the objecti...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2011
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | The modern era has witnessed many important influential developments which affect the depth of the financial industry and banking through the use of modern mediums of communication. The purpose is to facilitate and ease people's daily needs and transactions, which is no doubt one of the objectives of Islamic Shari'ah. In this regard, the current study entitled “The Effect of Modern Communication Means on The Rules of Contracts: A Case Study of Option of the Contracting Session (khiyar al-majlis)” is aimed at elaborating how the option of contracting session should be implemented through these modern mediums of communication. The researcher uses inductive and analytical methods to collect and examine the related substance of this study. The study has found that “option of the contracting session” (khiyar al-majlis) is applicable in the mediums of modern communication. For instance, if the contract is made through written mediums, such as telegraph, telex, fax, email, etc., the option of contracting session (khiyar al-majlis) will begin from the moment the statement of offer is delivered to the recipient and is read, and the majlis al-khiyÉr ends between the two contracting parties the moment the recipient leaves the session (majlis). However, in cases where the mediums applied are audible, such as hand phone, etc., the option of contracting session begins following the issuance of offer and acceptance from both parties in the phone contract session and ends with the end of the call, because the customary practice considers dispersal once the call disconnects, whether the conversation breaks up with the will of the contracting parties or not. However, if the medium is both audible and visible, such as Yahoo Messenger, Google Talk, Skype, etc., then the ruling of telephone with relation to khiyar al-majlis as mentioned above is applicable to it. |
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| Item Description: | Abstracts in English and Arabic. "بحث متطلب مقدم لنيل درجة الماجستر في معارف الوحي والتراث (قسم الفقه وأصول الفقه)"--On title page. |
| Physical Description: | [xxv], 126 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 110-125). |