موقف الشريعة الإسلامية من الإثبات بالكتابة الإلكترونية

Abstract EN

The evolution of information technologies and the widespread use of the Internet to conclude contracts and legal acts in a virtual space, in the physical absence of the contracting parties has led to a big change in the legal concepts, particularly in the field of evidence, because traditional writing has experienced a regression in the face of electronic writing, which has become the optimal means of concluding and proving rights and obligations.

This situation is reflected in the positive legislations which have approved the principle of parity between the two types of proof by writing.

Given that Islamic Sharia is characterized by the fecundity of principles and the flexibility of texts, however, the objective is to achieve stability through the administration of justice, they then allow recourse to any means, Or legal evidence, and that the principles of evidence in Islamic jurisprudence don’t require a certain type of writing or certain support, because writing can be done on a medium frequented by people, therefore Islamic jurisprudence doesn’t find any impediment to accepting electronic writing to prove the rights and obligations.