Please use this identifier to cite or link to this item: http://ddms.usim.edu.my:80/jspui/handle/123456789/20157
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dc.contributor.authorKhalifa Abdullah Said AL-Waili-
dc.date.accessioned2020-06-30T03:34:55Z-
dc.date.available2020-06-30T03:34:55Z-
dc.date.issued2010-01-
dc.identifier.urihttp://ddms.usim.edu.my:80/jspui/handle/123456789/20157-
dc.description.abstractThis study aims to analyse the extent of compatibility between the Islamic Law of contract and (UNCITARL) Model Law on Electronic Commerce.Also to identify some similarities and differences and to examine the suitability application of the Model Law in Islamic countries. This study differs from other works in term of subject matter, despite the large number of recent studies in jurisprudence and comparative law on the matter. The research shows that the Model Law is generally compatible with the theory of contract in Islamic jurisprudence. However, the Model Law has certain weaknesses as it does not address the issue of the client's eligibility and fails to protect information on electronic transactions. Also, it does not protect consumers from fraudulent e-contracts via the Internet, nor does it establish a penal code to prevent this. The study also demonstrates that the Model Law for Electronic can be applied in the Islamic countries. Overall it is not different from the theory of contract in Islamic jurisprudence, albeit with some weaknesses. The study suggests a number of important recommendations, including that the countries of the Muslims world should establish Islamic law for electronic commerce, in order to overcome the shortcomings of the Model Law for Electronic Commerce, so that the electronic contracts, e-mail signature, electronic recording and visual are reviewed according to study of the theory of contract in the Islamic jurisprudence. The study proposed establishment of a specialized international Islamic court able to deal with the problems and abuses that may arise in the contracts of e-commerce.en_US
dc.language.isoaren_US
dc.publisherUniversiti Sains Islam Malaysiaen_US
dc.subjecte-commerce.en_US
dc.subjectelectronic commerce,en_US
dc.subjectelectronic contracts,en_US
dc.subjectislamic Lawen_US
dc.subjectmodel Lawen_US
dc.titleعقود التجارة الألكترونية عبر الأنترنت بين الفقه الأسلامي والقانون النموزجي (الأونسيترال)en_US
dc.typeThesisen_US
Appears in Collections:Ph.D

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