The Criterion for Knowledge of the Sold Item According to the Shafi‘i School and Its Impact on E-Commerce

Abstract

The study, titled "The Criterion for Knowledge of the Sold Item According to the Shafi‘i School and Its Impact on E-Commerce," aims to elucidate the Shafi‘i criterion for knowledge of the sold item—specifically the standards regarding visual inspection and description—and to examine its implications for e-commerce.

The researcher employed the following methodologies:

-              A documentary approach to gather and trace jurisprudential issues related to the criterion for knowledge of the sold item, as well as the views of Shafi‘i jurists on the matter.

-              An analytical approach to analyze and provide the rationale for these issues, with the aim of deriving the specific criterion for the sold item.

-              An applied approach to examine the Shafi‘i criterion for knowledge of the sold item within the context of sales conducted via electronic media.

The researcher reached the following conclusions:

The criterion for *ru’yah* (visual inspection) is that the contracting parties view the entire item being sold in a manner consistent with customary practice—either at the time of the contract or prior to it, provided the item is not prone to significant change. Alternatively, this requirement is met by viewing a portion of the item if its parts are uniform, or by viewing its outer shell if that shell serves as a protective casing.

The criterion for *wasf* (description) is that the subject matter constitutes a known liability that can be delivered, with the place of delivery specified, and that there is knowledge of those attributes which materially affect the intended purpose (where the absence of such attributes is not the default assumption).

Sales conducted via electronic media are valid if they satisfy either the criterion of visual inspection or the criterion of description; if neither criterion is met, the sale is void and invalid.