Offer and Acceptance in E-Commerce: Comparative Insights from Shari’ah and Indian Contract Law

Abdul Sakib Majid

Kanu Priya

Renu Chaudhary

 

Abstract: This article examines how conventional principles of offer and acceptance apply in e-commerce and compares Shari’ah jurisprudence with contract principles under Indian Jurisdiction. The research addresses how the traditional concept of ijab wa qabul (offer and acceptance) and the jurisprudence of mutual consent adapt to the evolving needs of online platforms. It is further examined what interpretative differences exist between Shari’ah theology and the Indian Contract Act regarding contract formation, while emphasising mutual consent (consensus ad idem) regarding the validity of electronic communication. While Shari’ah recognises customary practices (urf) that provide flexibility in the formation of electronic contracts, Indian law relies on a statutory framework. The article examines critical legal issues, including the authority of electronic agents, the doctrine of silence as acceptance, and the distinction between offers and invitations to offer on online platforms. A doctrinal-comparative methodology has been adopted to understand how both systems address contemporary challenges in e-commerce while upholding the core principles of consensus ad idem. The study will further add to the domain of transnational Islamic law jurisprudence by recognising convergences and divergences between religious and secular approaches to automated contract regulation, offering insights for practitioners navigating cross-jurisdictional digital transactions.