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23 Arab L.Q. 167 (2009)
Contract Formation Using Automated Message System: Survey of Islamic Contract Law

handle is hein.journals/arablq23 and id is 175 raw text is: Arab Law Quarterly BRI LL Arab Law Quarterly 23 (2009) 167-180 brill.nI/alq Contract Formation Using Automated Message System: Survey of Islamic Contract Law Mostafa Elsan* Assistant Professor, Department of Law, Faculty of Theology Tarbiat Moalem University ofAzarbijan, Tabriz Iran Muhammad Subaty** Teheran, Iran Abstract The issues discussed are the legal aspects of creating contracts using Automated Message Systems. For example, should a transaction or series of contracts be nullified after the right to withdraw has been exercised? The right to withdraw was created to protect a natural person unable to correct a human input error in an automated system. Interpretation of contracts under Islamic law concerning this and related topics is presented. Keywords automated message system (AMS); Islamic contract law; international contract; electronic communication Introduction In the modern world, myths about making contracts via birds, such as pigeons or eagles as means of communicating offer and acceptance, has coincided with the historical fact of using slaves as wishy-washy successors of a master in a single concept of electronic agent or automated message system (AMS). As myths and unwilling mediators became true and law- ful, new challenges began to appear. In this paper we discuss the legal aspects of drawing up contracts using AMS and compare viewpoints in Islamic law with modern ideas concerning this or related subjects. * Ph.D. (2008 Private Law), University of Shahid Beheshti. Member of Scientific Board, Tarbiat Moalem University of Azarbijan, Iran, Fax: +98 4124327563, e-mail: mostafaelsan@yahoo.com. ** B.A. 1998, University ofTehran. © Koninklijke Brill NV, Leiden, 2009 DOI: 10. 1163/157302509X415684

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