Electronic Contract Controls In Islamic Jurisprudence and Law

Electronic Contract Controls In Islamic Jurisprudence and Law

Authors

  • Abdulsalam Hamood Ghaleb Alanesi Najah University of Burao

DOI:

https://doi.org/10.58223/syura.v2i2.262

Keywords:

Electronic contracts, Islamic jurisprudence, contract controls, Yemeni law

Abstract

Electronic contracts are one of the most important developments that the world has witnessed in recent decades, due to the information revolution and modern technologies, as these developments have facilitated the process of contracting between people through the Internet and modern means of communication, and due to the novelty of this type of contracts, Islamic jurisprudence has faced some challenges in its application to its principles and provisions so that it is consistent with contracts in Islamic jurisprudence and its considered controls in their forms and effects, so it was necessary to put these contemporary contracts in the balance of Sharia to be set certain controls  Protection of rights This research came to shed light on the concept of electronic contracts and their general controls as well as clarify the controls for conducting these contracts and the researcher used the inductive approach as well as the descriptive approach and the researcher reached a set of results where it is necessary to keep pace with the times, especially in electronic contracts if they have become one of the blessings of the affliction and impose on many also must apply the basics of the contract such as traditional contracts in Islamic jurisprudence as well as must protect rights and clarify the mechanism of conflict resolution In such contracts

References

A published research, a doctoral dissertation, University of Omdurman, Sudan, in 2005, published by Dar Al-Manzuma. https://search.mandumah.com/Record/790441

Al-Mughni by Ibn Qudamah Author: Abu Muhammad Abdullah bin Ahmed bin Muhammad bin Qudamah (According to the summary: Abu Al-Qasim Omar bin Hussein bin Abdullah bin Ahmed Al-Kharqi (died 334 AH) Investigation: Taha Al-Zaini - Mahmoud Abdel-Wahhab Fayed - Abdel-Qader Atta - Mahmoud Ghanem Ghaith Publisher: Cairo Library

Anti-Cybercrime Law No. (12) of 2007: This law addresses crimes related to information technology, including electronic crimes related to electronic contracts.

Badai Al-Sanai' in the arrangement of laws Author: Alaa Al-Din, Abu Bakr bin Masoud bin Ahmed Al-Kasani Al-Hanafi (d. 587 AH) Publisher: Dar Al-Kotob Al-Ilmiyyah Edition: Second, 1406 AH - 1986 AD

Consumer Protection in Electronic Contracts: An Analytical Study in Islamic Jurisprudence: https://books.google.com Hamad Abdul Rahman Al-Majali, Haitham Ahmed Al-Masawra

Contract Controls in the Islamic Contract - Dr. Khaled Al-Turkmani

Electronic Commerce and Its Rulings in Islamic Jurisprudence Publisher: Dar Kunuz Ishbilia - Riyadh

Electronic Commerce in Light of the Rulings of Islamic Sharia by Hussein Shehata,

Electronic Commerce Law No. (1) of 2012: Published in the Official Gazette

Electronic Commerce Law No. (20) of 2002: This law regulates electronic commercial transactions, including electronic contracts.

Electronic Contracting in the Balance of Islamic Law Prepared by Dr. Muhammad bin Jabr Al-Alfi A book published on the Al-Alukah website https://www.alukah.net/books

Electronic Contracts: A Comparative Jurisprudential Study Dr. Abdullah bin Ibrahim bin Abdullah Al-Nasr

Electronic Transactions Law No. (25) of 2007: This law complements the Electronic Commerce Law and regulates some issues related to electronic signature and electronic documentation.

Electronic Transactions Law Yemeni Law No. (25) of 2002:

Jurisprudential Rules Governing Electronic Contracts Saleh bin Saad Al-Kridis

Lisan Al Arab Author: Muhammad bin Makram bin Ali, Abu Al Fadl, Jamal Al Din Ibn Manzur Al Ansari Al Ruwaifi Al Ifriqi (d. 711 AH) Footnotes: By Al Yaziji and a group of linguists Publisher: Dar Sadir - Beirut

Magazine of Judicial Rulings Author: A committee consisting of several scholars and jurists in the Ottoman Caliphate Investigator: Najib Hawawini Publisher: Noor Muhammad, Karakhana Tijarat Kotob, Aram Bagh, Karachi

Murshid Al-Hiran - by Muhammad Qadri Pasha, Article 168

Privacy of contracting via the Internet by Osama Mujahid,

Published research Journal of the Faculty of Islamic Studies for Boys in Aswan https://fisb.journals.ekb.eg/article_306989.html

The Dictionary of Language Measures Author: Ahmed bin Faris bin Zakaria Al-Qazwini Al-Razi, Abu Al-Hussein (d. 395 AH) Investigator: Abdul Salam Muhammad Harun Publisher: Dar Al Fikr Year of Publication: 1399 AH - 1979 AD.:

The Jurisprudential Principles Author: Zain Al Din Abdul Rahman bin Ahmed bin Rajab bin Al Hassan, Al Salami, Al Baghdadi, then Al Dimashqi, Al Hanbali (d. 795 AH) Publisher: Al Khanji Library, Egypt (and its image is Dar Al Kotob Al Ilmiyah and Dar Al Fikr)

The Jurisprudential Rulings of Electronic Transactions by Abdul Rahman Al-Sand,

The Rulings and Controls of Electronic Contracts in Islamic Jurisprudence and Law Applied to the Saudi Electronic Transactions System by Abdulaziz Gharm Allah Jar Allah Al-Ghamdi,

Year of Publication: 1st ed. - 1432 AH Type of Book: The original book is a scientific thesis submitted by the author to obtain a doctorate degree from the Department of Jurisprudence, College of Sharia, Imam Muhammad bin Saud Islamic University

Yemeni Law Article 2 of Law No. (40)

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Published

2024-11-09

How to Cite

Alanesi, A. H. G. (2024). Electronic Contract Controls In Islamic Jurisprudence and Law. Syura: Journal of Law, 2(2), 80–97. https://doi.org/10.58223/syura.v2i2.262

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