محل عقد البيع الإلكتروني في الفقه الإسلامي : نظرية وتطبيقا

Abstract

ABSTRACT

In the contemporary digital age, electronic contracts have become a fundamental means of conducting commercial transactions worldwide. However, these contracts pose numerous legal and Shariah-related challenges that require in-depth study. This research aims to determine the Shariah position on the subject matter of electronic contracts, considering the established Shariah regulations, as well as exploring the practical challenges and issues that may arise due to the lack of clarity in defining the subject matter of electronic contracts. This study addresses the subject matter of electronic sales contracts in Islamic jurisprudence from both theoretical and practical perspectives. The research seeks to define the concept of electronic sales contracts and their elements, clarify the nature of the subject matter in these contracts, and derive the Shariah conditions and regulations for them, while verifying the extent to which e-commerce platforms comply with these regulations. The research employed the inductive method in gathering scientific material and the analytical method in studying the opinions of jurists and their deductions. Additionally, a case study was conducted on the Malaysian "Shopee" and "Afghanistan Online Shopping" e-commerce platforms, examining the nature of the goods sold on these platforms. The research concluded that an electronic sales contract is an agreement concluded between two parties via electronic means to transfer ownership of a good or service in exchange for a specified price. This contract can be adapted within the framework of known Shariah contracts, with due consideration of its unique characteristics in the digital environment. It was also found that the subject matter of electronic contracts extends to a wide range of assets, including tangible goods, digital services, and intellectual property rights. The study revealed that modern electronic payment methods are considered acceptable forms of consideration from a Shariah perspective in this context. The research was able to derive a set of Shariah regulations for the subject matter of contracts, which are in line with the objectives of Shariah in preserving the five necessities. Specific criteria were established for each objective to ensure the legality of electronic transactions. Finally, the applied study revealed a notable variation in the extent to which e-commerce platforms comply with Shariah regulations.