أحكام التعامل بالنقود الإلكترونية في الفقه و القانون

الملخص EN

This research (the provisions of electronic money dealing in jurisprudence and law) is of great importance in our current era for the spread of electronic transactions in our Islamic societies and it does not have jurisprudential and legal provisions sufficient to control it and to know people about the permissibility of dealing with it or not, and this is the basis of the problems that the research addressed The aim of this research is to define what is meant by electronic money and the existence of a steady rooting in the books of Islamic jurisprudence and law for this term and its entry into most of it, and to indicate the types of electronic money and the legal and legal rule for each type and the extent to which it is permissible to deal with it, and the extent to which it keeps pace with laws and internal regulations and international agreements to control dealing with electronic money And I reached a number of results, the most important of which is that a large part of the jurisprudence favors the permissibility of dealing with electronic money, and they considered that the relationship between the source, the merchant, and the source with the customer is governed by the guarantee and guarantee contract, and if the paper money is converted into electronic money, it is governed by the exchange contract and that there are two main controls for the permissibility of dealing with electronic money to be known the source And that it does not lead to usury, and it appears from the research that there are many types of electronic money, some of which are permissible to deal with and some that are inconsistent with the provisions of Islamic law, such as unpaid credit cards because they are destined for usury, and Bitcoin because it is anonymous, and the legal aspect is weak Appropriate controls when dealing with electronic money and setting appropriate penalties when committing crimes related to it Also, I suggested some recommendations.

I recommend the development of a modern jurisprudence through Ijtihad through the rules of jurisprudence and the rules of total jurisprudence that corresponds to the electronic boom of electronic transactions, especially dealing with electronic cash, and prohibiting dealing with a credit card that is not prepaid, because it is a loan contract between the bank and its holder, which means an increase or decrease For the bank or cardholder (every loan that draws a benefit it is usury) and the issuance of special legislation and international agreements that regulate dealing with electronic cash and limit the commission of crimes related to it by setting appropriate penalties for its perpetrators at the regional and international level, as there is no such legislation.