التعاقد بوسيلة الهاتف كعقد من العقود الإلكترونية المعاصرة في ظل مواجهة النوازل : دراسة تأصيلية تطبيقية من منظور الفقه الإسلامي

الملخص EN

Contracting by means of the telephone as one of the contemporary electronic contracts in light of the calamities
Amin Muhammad Bassiouni Muhammad Al-Jadili.

Department of Jurisprudence, Faculty of Sharia and Law, Tafna Al-Ashraf, Dakahlia, Al-Azhar University, Egypt.

E-mail: Aminalgdaly.31@azhar.

edu.

eg

The research came in an introduction, nine chapters, and a conclusion
I mentioned in the introduction: the importance of the research, the reason for choosing it, and the research plan
As for the first topic: I dealt with the definition of the research vocabulary, in terms of linguistic derivation and jurisprudential terminology
She devoted the second topic: to the contracting procedure by the old means and the newly developed telephone, and indicated that the contract by means may be old, such as communication by means through birds, or through the messenger, and it may be by modern means, such as the telephone, which is the subject of research
And in the third topic: I mentioned the jurisprudential adaptation in the contracting procedure by means of the telephone in writing, where I dealt with it that the contract that takes place by phone is comparable to the contract by means of writing, for example, for example, provided that the phone transmits an exact copy of the message, without any change or alteration, explaining the extent to which writing is considered As a means of expressing the will, whether it is between the present or the ent, with comparison, investigation and scrutiny, clarifying the most correct opinion in that
And in the fourth topic: I made it in the contract of trade by telephone as a contract of contemporary electronic means, and explained the method of contracting through the website of the telephone.

In the fifth topic, the contracts that are excluded from the validity of the contract via the contemporary electronic telephone are mentioned, including: marriage for the requirement of witnessing it, and the exchange for the requirement of intercourse in it, and the peace contract for the requirement of accelerating the capital
In the sixth topic, I explained the contract by phone via the Internet in Islamic jurisprudence
And in the seventh topic: I made it into the effects of the telephone contract via the Internet, including: the seller's obligations to deliver the thing sold, and the buyer's obligations to pay the price
And in the eighth topic: I devoted it to the general rules and regulations of the telephone contract
And in the ninth topic: I mentioned the protection of contracting by phone over the Internet
Then I concluded my research with a conclusion that included the most important results that I reached through this research, and mentioned some recommendations in this regard.