Can a counter-party’s silence upon an offer be considered to be acceptance?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The silence of the counter-party without any statement or action indicating to acceptance is not regarded as acceptance in commercial transactions.
The Fiqh (jurisprudence of the answer):
The Shariah has placed speech, writing and actions to indicate to the intent of a person. Without any verbal indication, written expression or action from a counter-party, their intent remains unknown. Thus, silence cannot be an acceptance in Shariah. Without both an offer and an acceptance, there can be no consensus ad idem or a meeting of the minds (Muwāfaqah) which is essential to form a contract.
And Allah Ta’ālā Alone Knows Best
Mufti Faraz Adam,
Amanah Finance Consultancy
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 Al-Attasi, Sharh al-Majallah, Quetta: Maktabah Rashidiyya