الالتزام بالتسليم في البيع الإلكتروني بين القانون المدني والفقه الإسلامي

Abstract EN

Electronic selling has spread widely, until it has become a reality, and from here researchers must pay attention to its discussions, and among these important investigations is the study of delivery, as there is a problem in it due to the difficulty of delivery in this matter.

The contract is a transaction at a distance, and from this standpoint I wrote on this issue with an inductive and analytical approach between civil law and Islamic jurisprudence, and it came in an introduction, three sections and a conclusion.

I mentioned in the introduction the importance of the research and the reason for choosing it, its problem, its sources, its approach and its plan.

Or The first topic: I devoted it to defining the research vocabulary, so I devoted the first topic: to defining traditional and electronic sales in civil law and Islamic jurisprudence.

The Islamic.

As for the second section: I devoted it to the rule of extradition in civil law and Islamic jurisprudence.

In the first requirement, I mentioned: The consensus of civil law scholars on the necessity of delivery, and that it must be compatible with the necessity of subsequent insight, commitment to preservation, and what proves delivery, and I concluded that breach of delivery is in itself a demolition of the basis of the contract.

In the second requirement: The jurists obliged The seller must deliver the sold item as we see it, or it has been described to him in a way that matches the aforementioned descriptions.

If this conformity is lost, the buyer has the choice either to accept the sold item or to return it.

In the second requirement: A comparison was made between Sharia and the law.

As for the third topic: it is a solution The problem of delivery in electronic selling, so I wondered: How do we overcome the problem of delivery in electronic selling? It came in three demands: As for the first demand: I made it about how to overcome the problem of delivery in electronic selling through civil law.

The researcher concluded that for this problem we must follow certain legal mechanisms that will protect the consumer from these problems.

The most important of these mechanisms is Selling on the condition of trial.

This condition is a way to protect the buyer from deception, fraud and fraud.

The buyer is guaranteed the right to withdraw from the sale.

There are also obligations that will preserve the buyer’s right, and these obligations include: - The information must be contemporary and all new information related to the user’s field of work should be provided.

- The information must be accurate and the user can rely on it.

- The information must be comprehensive.

So that it covers all aspects of the topic.

- The supplier must ensure that the information reaches the user at the specified time so that he or she fulfills his obligation to deliver the information to the user.

As for the second requirement, it is entitled How do we overcome the problem of delivery in electronic selling through Islamic jurisprudence.

They agreed that taking possession of the sold item, if it is real estate, can only be done by releasing it and enabling the buyer to dispose of it without restrictions or conditions.

Buyer's location.

I discussed the place and time of delivery, and the issue of rescinding the sale, and that it is the buyer’s right, and discussion of that goes to options and dismissal.

In the third topic: I compared Sharia and law in this regard.

Then I concluded the research with the most important results and recommendations that I reached through my research.

The most important sources and references were mentioned and an index of the research topics was mentioned.