العقود الإلكترونية بين ضوابط الشرع ومتطلبات العصر: دراسة فقهية في ضوء المقاصد الشرعية

Abstract EN

This study aims to highlight the importance of electronic contracts made through various media.

Considered to be one of the most important innovations of the modern scientific renaissance in this era, they have brought about a major breakthrough in all kinds of commercial transactions in the easiest way, with minimal effort and in no time, and have facilitated people’s access to their aims and realization of their buying and selling needs.

Moreover, electronic contracting has become an inevitable reality under normal circumstances in general and under exceptional circumstances in particular, and this has been especially evident during the COVID-19 pandemic and the ensuing disruption of economic balances and normal transactions due to precautionary measures, which has caused these contracts to emerge as the most appropriate means for meeting people’s needs in most cases.

Consequently, it has been necessary to explain the real nature of electronic contracts, their jurisprudential characterization, the Sharia rules governing them, the means of their execution and their distinctive characteristics, and to link them to the normative maxims and higher objectives of Islamic law, all with a view to keeping up with contemporary demands both in normal conditions and under exceptional circumstances of emergency