Al-Ġarar Caused by Lack of Delivery of Good in Online Shopping in Terms of Islamic Law Cover Image

İslam Hukuku Açısından Online Alışverişte Teslimin Gerçekleşmemesine Bağlı Garar ve Sonuçları
Al-Ġarar Caused by Lack of Delivery of Good in Online Shopping in Terms of Islamic Law

Author(s): Nazan Lila
Subject(s): Economy, Law, Constitution, Jurisprudence, Islam studies
Published by: Sakarya üniversitesi
Keywords: Islamic Law; Uncertainty; Delivery; Online Shopping; Distant Sales;

Summary/Abstract: In Islamic law, the contract of sale, which is considered as a model contract, must not contain any uncertainty (ġarar) in terms of delivery of the good. The reason why the Fiqh scholars are cautious about this is to prevent a possible dispute between the sides in contract. On the other hand, shopping on the internet - as a distance sale - which has become widespread nowadays, has some uncertainties regarding the delivery of the good. For this reason, it is important to examine the state of the online shopping in terms of fiqh rules and to examine the situations that contain the uncertainty. In this study, the situations that contain the uncertainty in terms of the delivery of the good will be handled with methodological data analysis. In this way, the theoretical and practical aspects of the subject will be clarified. This study will contribute to the literature on the evaluation of the online shopping under the fiqh rules.

  • Issue Year: 21/2019
  • Issue No: 39
  • Page Range: 253-279
  • Page Count: 27
  • Language: Turkish