عقود التجارة الإلكترونية عبر الأنترنت

ـر الانتـ

رنت

ABSTRACT

The advent of the Internet has resulted in the emergence of electronic commerce and also the so-called electronic contract، where contracts and transactions are concluded with just a push of a button without direct meeting in person between the parties to the contract. This has resulted in patterns and modern methods in the contract which have not been practised before. It is therefore incumbent that the shari'ah explain the legitimacy of such contracts، and whether they are in line with Islamic law. This is what the researcher will attempt to answer by focusing on the place of conclusion of e-commerce contracts over the Internet، and whether the place is subject to the terms of the contract set forth in the traditional Islamic jurisprudence. The researcher will also make comparisons between Islamic jurisprudence and the law of the Electronic Transactions Act of Sultanate of Oman No. 69/2008. The researcher will depend on the analytical، deductive، and comparative study between the schools on Islamic jurisprudence، namely: Ib???، ?anafi، M?lik?، Sh?fi'?، and Hanbali، and analyse the outcomes of each school. An attempt is made to compare the case in Islamic jurisprudence and the electronic contract in the Electronic Transactions Act of Sultanate of Oman، No. 69/2008. The most important finding of the research is that there is no forbiddance or prohibition of electronic transactions in Islamic law، as

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