قواعدِ شریعت، الیکٹرانک معاہدات قبولیت، مجلس عقد اور گواہی کے معاصر اطلاقات

Shariah Principles: Contemporary Applications of Acceptance in Electronic Contracts, Contractual Sessions (Majlis-e-Aqd), and Testimony

Abstract

Abstract:

This article aims to present an analysis of the modern applications of electronic contracts in the light of Islamic Sharia, with special reference to juristic (fiqh) principles. The primary objective is to clarify the relevant issues, particularly in the contemporary context of the session of contract (majlis al-aqd), acceptance and testimony. This study explains that the fundamental principles of Islamic law are as follows: every action is judged according to its purpose; in contracts, real consideration is given to intentions and meanings rather than merely to words and outward expressions; and neither should harm be inflicted nor should harm be reciprocated. In the digital age, these fundamental principles remain effective in their original form and can be applied to modern circumstances as well. The study clarifies that acceptance conducted through online platforms, email and digital signatures can be considered legally valid from a juristic (Islamic) perspective, provided that the consent of both parties is clearly established and there is no ambiguity in the offer and acceptance. Likewise, the concept of Majlis al-Aqd (the session of contract) is understood not in terms of physical or temporal unity, but rather on the principle of effective communication, under which a virtual session may also be regarded as a valid Shar’I session. In the domain of testimony, digital records and electronic evidence are regarded, in the context of contemporary juristic discourse, as supportive forms of proof. Consequently, this research emphasizes that the flexible and principle-based structure of Islamic law is not in any way in conflict with modern technology; rather, with proper juristic understanding, electronic contracts can be effectively incorporated within the Shar’I framework, making it possible to fulfill contemporary legal and economic needs.