موقف الشريعة الإسلامية من التوقيع الإلكتروني فى المعاملات التجارية المعاصرة

Abstract

Electronic Signature is a modern kind of signature and authentication which has been established as an alternative to traditional signature. Electronic signature has been established and used in contemporary commercial transactions under different laws in different jurisdictions. Despite the wide utilization of electronic signature, various issues including Shari‘ah perspective on electronic signature, its legitimacy, policy guidelines etc have not been dealt yet. These issues have great impact on electronic signature practice especially in contemporary commercial transactions. This article aims to explore the fundamental concerns about electronic signature in contemporary commercial transactions in the light of the Quran and the Sunnah to fill the gaps. This work will try to establish the usage of electronic signature, its functional equivalency with the traditional signature, its legitimacy and its application in the eye of Islamic law.