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Title: عقود التجارة الألكترونية عبر الأنترنت بين الفقه الأسلامي والقانون النموزجي (الأونسيترال)
Authors: Khalifa Abdullah Said AL-Waili
Keywords: e-commerce.
electronic commerce,
electronic contracts,
islamic Law
model Law
Issue Date: Jan-2010
Publisher: Universiti Sains Islam Malaysia
Abstract: This 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.
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