“CODIFICATION OF ELECTRONIC CONTRACTS AND IT’S EFFECTS ON THE DEVELOPMENT OF E: COMMERCE THROUGH INTERNET” ACCORDING TO PROVITIONS OF SHARIAH AND CIVIL LAW A COMPARATIVE STUDY WITH (UAE)THE ELECTRONIC FINANCIAL, COMMERCIAL TRASCATION ACT, 2002 AS A CASE STUDY

Abstract

By the presentation of the proposed ongoing conference paper that bearing the title: “Codification of Electronic contracts and it’s Effects on the Development of e: Commerce through Internet” According to provisions of Shariah and Civil Law, A Comparative Study with the (UAE) Electronic Financial Commercial Transaction Act, 2002 As A Case Study: (i) The research paper intents to explore the significance of the study which in a simplee sense: (1) It is an attempt to codify the Islamic Jurisprudence of Mua’malat in the practical aspect to explanation the provitions (UAE) electronic financial commercial Transaction Act, 2002, (2) An attempt to explain the legal basis of Electronic Financial Act with reference to Holy Quran and Sunnah (3) Exposing the effects of electronic contract in developing economic and political public and private projects and organizarions. (ii) the research problems that associated with this research papaer such as: (1) what are the classificcation of electronic contracts? (2) what are the methods of elctronic signiture? (3) are the required conditions for the establishment the traditional classic contracts will be valid on electronic contracts? (iii) the essential aims and objective of this paper could be summerize as follows: (1) To determin the referenceship of Emirate Act of Electronic contract with Islamic Jurisprudence, (2) To support the research with juristic resolutions that declared by International Fiqh Assemblies which governing the usage of Electronic contracts (iv) The research methodology that adopted in this paper: is a choronological analytical juristic research method. (v) Research Review: There are various research published and thesis written in the area of electronic contract such as: (1) Alan Dividson: The Law of Electronic Commerce, Combidige University Press, first publication, UK (2009). (2) Faye Fangfei Wang: Law of Electronic Commercial Transaction, publication of Routledge Tylor and Francis Group, London and New York (2010) and others. (vi) Main features of Research chapterization such as: (1) Defenition of Electronic contract and Electronic commerce it’s obstacles and classification, (2) Juristic Resolutions declard by International Fiqh Assemblies that governing electronic contracts and e: commerce. (3) Pillers of Electronic contracts. (4) Authentication and proof of Electronic contracts. (6) Political and Economic Effects of Electronic contracts and e: commerce. (7) Penalities prescribed by courts enforced against cyber criminals. (vii) Findings: (1) Shariah Law regarding enactment of muamalat provitions is so flexable to govern the whole types of electronic contracts and e: commerce, (2) The conditions that required for establishment of classic contracts are valid for establishment electronic contracts, such as: telephone, fax, telex, computer, internet etc. Key words: Electronic Signiture, Electronic Record, E: Commerce, Electronic Contract, Electronic Acceptance