Online Commerce and the Condition of Ittihad al-Majlis (A Jurisprudential and Legal Analysis)

آن لائن خرید و فروخت میں اتحادِ مجلس کی شرط (ایک فقہی اور قانونی تجزیہ)

Abstract

This research examines the application of the juristic principle of Ittihad al-Majlis (unity of session) in the context of online commercial transactions. In classical Islamic jurisprudence, Ittihad al-Majlis refers to the continuity of the contractual session in which the offer (ijab) and acceptance (qabul) are exchanged without interruption. It is regarded by the majority of Muslim jurists as one of the essential conditions for the validity of a sale contract. With the rapid advancement of digital technology, the expansion of e-commerce, online marketplaces, and mobile applications has fundamentally transformed the manner in which commercial contracts are concluded. These developments have raised important juristic questions regarding the applicability of traditional contractual principles to electronic transactions. This study adopts a comparative and analytical approach by examining the opinions of the four Sunni schools of Islamic jurisprudence concerning Ittihad al-Majlis and evaluating their relevance to contemporary electronic contracts. It also reviews the resolutions and recommendations of leading contemporary fiqh academies, international Islamic legal bodies, and modern legal frameworks governing electronic commerce. The research explores whether virtual communication can constitute a valid contractual session under Islamic law. The study concludes that an online contractual session may be considered a legitimate equivalent of the traditional unity of session, provided that the offer and acceptance occur within a continuous and connected interaction without any unreasonable or legally significant delay. Such an interpretation preserves the objectives of Islamic commercial law while accommodating the realities of modern digital trade.