The option of sight under islamic shari'ah and its applicability to electronic direct purchase administrative contracts in the UAE

Document Type

Article

Source of Publication

Journal of Legal, Ethical and Regulatory Issues

Publication Date

1-1-2020

Abstract

© 2020. Electronic transactions are an important development to traditional commerce. People (including government entities), nowadays, buy goods without going to the traditional markets because they find their needs and buy them via the Internet. This development of commerce, which results from developments in communication technology, has proliferated and facilitated marketing across a wide range of stakeholders, some of which has resulted in deceit and cheating. This happens when merchants exploit the remoteness between their products and government departments by delivering goods which differ from those that have been agreed upon. Or, it may happen when merchants falsely describe their products. These methods of deceit and cheating are addressed in Islamic law by legislating the option of sight which gives the purchaser right to rescind the contract upon viewing the item. This analytical study discusses the appropriateness of the option of sight with administrative e-purchases in view of the fact that the government department usually sees pictures or videos of the item online. Hence, this study discusses whether or not electronic pictures and videos provide government departments with sufficient knowledge the about the item and, accordingly, trigger the option of sight.

ISSN

1544-0036

Publisher

Allied Business Academies

Volume

23

Issue

1

First Page

1

Last Page

14

Disciplines

Business

Keywords

Electronic administrative contracts, Option of sight, Rescind the contract

Scopus ID

85084521065

Indexed in Scopus

yes

Open Access

yes

Open Access Type

Bronze: This publication is openly available on the publisher’s website but without an open license

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