The Jurisprudential Study of the Nature of the Postpaid Landline Phone Subscription Contract

The phone subscription agreement is one of the most important contracts between the subscriber (customer) and telecommunication companies to receive the communication services that has a vital role in human life today. This paper which has been provided with analytic-descriptive, the nature of the oldest meanwhile the most important and current subscriber agreement with telecommunication means the postpaid phone subscription agreement has been examined. Based on this with analyzing the purport of this contract, it has been challenged the way of the relationship between the subscriber and telecommunication and customizing the telecommunication equipment (instruments) to it and how calculating the expenses relating to this contract, the opinions which think that the subscription agreement is inclusively leasing (Arabic:اجاره ijarah) and sale (Arabic: بیع bay') contract and it is accepted the opinion of the composite (compound) contract for determining the nature of this contract. Also for the clarification of the quality and nature of the compound contract, meanwhile accepting the Islamic traditional report about the sale of rights and interests (benefits) and stating that the inadequacy (lack) of the uncertain (brief) knowledge to the consideration for avoidance of the doubt of gharar (Arabic: غرر meaning risky transaction) in the sale of the benefits, for the solution of the doubt in the consideration in the section of the inconstant (variable) expenses of in this contract (printed in periodic bills), the title of sulh (meaning: settlement and resolution) contract is suggested and accepted. Lastly, the acceptable opinion of this research for the nature of the postpaid phone subscription agreement is a contract composed of the sale of subscription fee, the sale of the constant contact and the settlement (sulh) on interests (benefits).