Publication: الرضا في العقود الإلكترونية بين القانون في الإمارات العربية المتحدة والشريعة الإسلامية
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Date
2024-05
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Sains Islam Malaysia
Abstract
One of the most important legal principles that grants contracting parties the freedom to enter into electronic contracts and determine their effects is the principle of consent. No obligation is imposed on a person unless they consent to it. The will of the parties is the basis of contracts, which is why contracts are described as the law of the parties. Consent is therefore considered the first and most important element of entering into electronic contracts. No party can force another party to contract. Therefore, the aim of this study is to identify the issues related to the principle of consent in electronic contracts in the United Arab Emirates and examine the adequacy and deficiencies of the current law governing electronic contracts in the United Arab Emirates. The study also aims to study the principle of consent in transactions from an Islamic perspective and analyze the feasibility of applying the law in a comparative manner regarding consent
in electronic contracts between the law in the United Arab Emirates and Islamic law. The study followed a descriptive-analytical and comparative methodology in order to compare electronic contracts with Islamic jurisprudence. The study concluded that the nature of the electronic contract in UAE legislation is equivalent to the ruling of the electronic contract in Islamic law in determining the validity of other commercial contracts based on the principle of consent and will. It was found that the UAE Civil Transactions Law is entirely compatible with what Islamic law has adopted regarding the fact that a contract concluded through the telephone or other similar electronic means is a complete contract that requires the meeting of offer and acceptance. Even if acceptance is delayed, the offeror may withdraw their offer as long as the offer is still ongoing between them. The results also showed that the UAE legislator indicated that the UAE Electronic Transactions Law indicates that electronic contracts pertain to anything of monetary value. The UAE legislator's alignment with Islamic law is evident in that the free will of the individual alone is sufficient to establish an electronic contract and to choose what is in line with the interests of the contracting parties, as long as it does not contradict the provisions of the law or public order. It also grants contracting parties, in some cases, absolute freedom to determine the contractual obligations, their place, and their extent.
Description
Matric : 3191485 (FSU)
Keywords
Electronic contracts, Consent, United Arab Emirates, Islamic law, UAE legislation, UAE Civil Transactions Law, Consent (Islamic law), Consent (Law)
Citation
Al-Qayidi, Khalid Hassan Salim Hasan (2024). Al-rida fi al-‘uqud al-'iliktruniyah bayna al-qanun fi al-'Imarat al-‘Arabiyah al-Muttahidah wa al-Shari’at al-Islamiyyah [Satisfaction in Electronic Contracts Between UAE Law and Islamic Sharia]. Universiti Sains Islam Malaysia: USIM Research Repository.