إبرام عقود التجارة الإلكترونية بين الفقه الإسلامي و قانون الأونسيترال النموذجي

الملخص EN

This research aims to study the extent of congruity between e-commerce contracts over the internet and the theory of contracts in Islamic fiqh, with regard to the contract coming into effect, its validity, its form and conditions.

The research relied upon a methodology of comparison between Islamic fiqh and the model legislation for electronic commerce (UNCITRAL) issued by the United Nations.

The research concluded that the concept of offer and acceptance in e-commerce contracts over the internet does not depart from its concept in the theory of contracts in Islamic fiqh.

The only difference is in the electronic means by which the intent of the contracting parties is expressed.

The code of UNCITRAL is, overall, congruent with the theory of contracts in Islamic fiqh.

The research also concluded that Islamic fiqh and civil law are in agreement that the form, as expressed in an offer and its acceptance, is an essential component of the contract.

This is the position taken by the majority of Arab countries in their legislation because it is easier in determining the party making the offer and the party accepting it.