نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Electronic transactions, as one of the emerging phenomena in the contemporary world, have brought about significant changes in economic and social spheres. These transactions, conducted through electronic tools such as the internet, are accompanied by numerous challenges and opportunities. From the perspective of Shia jurisprudence, analyzing the legitimacy and validity of these transactions necessitates a thorough examination of Islamic principles and rules. This article aims to conduct a jurisprudential and principled analysis of electronic transactions, exploring the foundations and conditions for their validity, and discussing issues such as offer and acceptance, digital ownership, and the legitimacy of using cryptocurrencies. In this regard, key concepts such as electronic transactions and the general principles of jurisprudence in transactions will first be elucidated. Then, jurisprudential and principled foundations such as offer and acceptance in the virtual space, the value of the subject of the transaction, and the adherence to general contract conditions will be examined. Furthermore, challenges such as ambiguity (gharar) and legal issues related to cryptocurrencies will be analyzed, and solutions such as information transparency and dynamic ijtihad will be proposed. The results indicate that by adhering to the conditions for the validity of transactions and aligning jurisprudential principles with contemporary needs, many of the Sharia-related challenges of electronic transactions can be addressed. Ultimately, the use of dynamic ijtihad and the formulation of jurisprudential regulations suited to modern conditions play a crucial role in resolving these issues.
کلیدواژهها English
Zohar, R. & Bitton, Y. (2021). Legal and Regulatory Challenges of Digital Currencies. International Journal of Financial Regulation, 10(3), 42-56
