Accepting the terms and conditions of a contract without reading the contents

· 3 Shaʻban 1443 AH1 min readEnglish
Miscellaneous

Question

Is one permitted to click on the confirmation button that appears after listing the terms and conditions of a contract (on a website), while nit actually having read the terms and conditions?

Answer

We have received your query which pertains to accepting a contract by clicking on the confirmation button. Our response is as follows:

If a person ignores the terms and conditions (recorded on the website), and clicks on the confirmation, then he has indicated through his action that he has read the terms and conditions and accepted them. It now becomes binding upon him to adhere to those terms and conditions, and if there is any breach from his side, then, legally, he could be held responsible for his actions.

The contract or agreement that he is entering (by clicking on the confirmation button) is actually a pledge or pact that one is required to uphold at all times. By not fulfilling one’s pledge, one will be guilty of sin in terms of Shariah as well. One should, therefore, read the terms and conditions of any contract before clicking on the confirmation button, so that he may be aware of what is required of him.

References (Arabic / Urdu sources)

يَا أَيُّهَا الَّذِينَ آمَنُواْ أَوْفُواْ بِالْعُقُودِ (سورة المائدة اٰية 1)

Answered by
Mufti Mohammed Desai
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