المحافظ الإلكترونية -دراسة تأصيلية تطبيقية-

Abstract

Digital wallets are among the modern and contemporary issues of jurisprudence, whether they are linked to a company such as: the Saudi Telecom Company (STC) or a bank; Ex: Alinma Bank. These digital wallets are considered a new method of financial technology "Fintech" which is required by contemporary civil life with its speed in communication and information exchange. These digital wallets offer a number of services, features, and commissions, such as: facilitating purchases, payments, online shopping, bill payments, and transferring funds locally and internationally. In addition, some digital wallets give gifts and commissions, which are a sum of money or a gift in kind when using digital wallets under certain conditions. Hence, this research discusses those jurisprudential issues that arose due to dealing with these digital wallets, and the research was divided into three sections: The first section: the concept of the digital wallet and the services it provides. The second section: a description of the operations of digital wallets and their ruling in Islamic Sharia. And the third section: application of some fatwas and decisions of Sharia committees regarding digital wallets in the Kingdom of Saudi Arabia. The research answered important questions, such as: What is the description of Digital wallet operations in Islamic Sharia and what is its ruling? What is the ruling on gifts, commissions and fees for using digital wallets? This, and through the application of the inductive, analytical and applied method, to identify the legitimate rooting of these important issues in Islamic jurisprudence; The study was applied to some of the decisions and fatwas of the Sharia committees in the Kingdom of Saudi Arabia in this regard. It is one decision and one fatwa. The research also reached important results, including: that the relationship between the customer and the digital wallet is like the customer’s relationship with the current account; As the client is a lender to those portfolios and current accounts. And therefore; It is permissible to settle payments with it, such as bills, purchases, and the like, and the wallet will return the loan instead. It is permissible to transfer currency through digital wallets, whether it is a local or foreign currency, with its exchange in the local currency and vice versa. The issue of the digital wallet may impose fees on operations and take a commission on the transfer; Because it is a broker or a paid agent, and the customer may take the gifts and benefits that these digital wallets give on deposit without a requirement and also on the use of the balance.