The legitimacy and procedure of electronic contracts in Islamic jurisprudence and Algerian legislation

Abstract

The electronic contract is one of the innovations brought about by technological advancement. Islamic jurists have traditionally emphasised that the essence of contracts lies in the realisation of consent rather than form. This type of contract is permissible under Sharia law if it includes the essential elements, such as an offer and acceptance, and if the subject matter is lawful. Furthermore, Islamic jurisprudence emphasises documenting contractual relationships and verifying the identities of those involved to prevent uncertainty and disputes. The Algerian legislator has also shown interest in this type of contract by enacting relevant legislation, including Law 18-05 on electronic commerce. This law grants electronic contracts legal validity provided certain regulations are adhered to, such as the use of electronic signatures, ensuring data security and enabling contracts to be preserved and proven. This approach reflects the legislator's efforts to keep pace with digital developments while ensuring the protection of contracting parties and their rights.