Year:2022   Volume: 4   Issue: 6   Area:

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Ahmed El- Murdi SAEED, Mohammed Elnazer ELZAIN

CODIFICATION OF ELECTRONIC CONTRACTS‎ AND IT’S EFFECTS ON THE DEVELOPMENT OF E: COMMERCE THROUGH INTERNET”‎

By the presentation of the proposed ongoing conference paper that bearing the ‎title: “Codification of Electronic contracts and it’s Effects on the Development of ‎e: Commerce through Internet” According to provisions of Shariah and Civil Law, ‎A Comparative Study with the (UAE) Electronic Financial Commercial ‎Transaction Act, 2002 As A Case Study: (i) The research paper intents to explore ‎the significance of the study which in a simplee sense: (1) It is an attempt to ‎codify the Islamic Jurisprudence of Mua’malat in the practical aspect to ‎explanation the provitions (UAE) electronic financial commercial Transaction ‎Act, 2002, (2) An attempt to explain the legal basis of Electronic Financial Act ‎with reference to Holy Quran and Sunnah (3) Exposing the effects of electronic ‎contract in developing economic and political public and private projects and ‎organizarions. (ii) the research problems that associated with this research ‎papaer such as: (1) what are the classificcation of electronic contracts? (2) what ‎are the methods of elctronic signiture? (3) are the required conditions for the ‎establishment the traditional classic contracts will be valid on electronic ‎contracts? (iii) the essential aims and objective of this paper could be summerize ‎as follows: (1) To determin the referenceship of Emirate Act of Electronic ‎contract with Islamic Jurisprudence, (2) To support the research with juristic ‎resolutions that declared by International Fiqh Assemblies which governing the ‎usage of Electronic contracts (iv) The research methodology that adopted in this ‎paper: is a choronological analytical juristic research method. (v) Research ‎Review: There are various research published and thesis written in the area of ‎electronic contract such as: (1) Alan Dividson: The Law of Electronic Commerce, ‎Combidige University Press, first publication, UK (2009). (2) Faye Fangfei Wang: ‎Law of Electronic Commercial Transaction, publication of Routledge Tylor and ‎Francis Group, London and New York (2010) and others. (vi) Main features of ‎Research chapterization such as: (1) Defenition of Electronic contract and ‎Electronic commerce it’s obstacles and classification, (2) Juristic Resolutions ‎declard by International Fiqh Assemblies that governing electronic contracts and ‎e: commerce. (3) Pillers of Electronic contracts. (4) Authentication and proof of ‎Electronic contracts. (6) Political and Economic Effects of Electronic contracts ‎and e: commerce. (7) Penalities prescribed by courts enforced against cyber ‎criminals. (vii) Findings: (1) Shariah Law regarding enactment of muamalat ‎provitions is so flexable to govern the whole types of electronic contracts and e: ‎commerce, (2) The conditions that required for establishment of classic contracts ‎are valid for establishment electronic contracts, such as: telephone, fax, telex, ‎computer, internet etc‎.

Keywords: Electronic Signiture, Electronic Record, E: Commerce, Electronic Contract, Electronic Acceptance.

http://dx.doi.org/10.47832/2757-5403.17.26


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