Download or read book The Legal Enforceability of Contracts Made by Electronic Agents Under Islamic Law written by Walid Almajid and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this dissertation is to analyse whether contracts made by electronic agents1 might be made enforceable under Islamic law. It discusses what constitutes an enforceable contract under Islamic law and whether this is applicable when a contract is made by an electronic agent. The enforceability of these contracts under Islamic law is especially important in the Kingdom of Saudi Arabia (KSA) where Islamic law constitutes the legal system. Ignoring the doctrine of Islamic law in relation to the enforceability of these contracts could, therefore, fundamentally affect the future viability of these contracts in the KSA. The dissertation argues first that the principle of mutual consent under Islamic law is not satisfied in contracts made by electronic agents because there is no communication of an offer and acceptance by the contracting parties (users). Secondly, while electronic agents function like human agents, there are a number of doctrinal requirements under Islamic agency theory that prevent electronic agents from being agents proper. Thirdly, the term 'legal personality' is categorised in Islamic law under 'Dhimmah', an ethical concept designed principally for human beings which cannot, therefore, be attributed to electronic agents. This dissertation demonstrates that Islamic law creates conceptual obstacles which prevent contracts made by electronic agents being enforceable in the KSA. One implication of this will be a risk of negative impact on the development of these contracts in the KSA because they are contradictory to Islamic law. Islamic law must avoid narrow traditional interpretations of its legal concepts, because a lack of reform in this area will create difficulties and barriers against the enforceability of these contracts under Islamic law.
Download or read book Electronic Contract written by Abdulrahman A. Alzaagy and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the emergence of electronic commerce, a massive development and a considerable increase of business has occurred in every aspect of business life. In particular, the adoption of the World Wide Web (the Internet) in conducting commercial activities has played a significant role in the development of commercial and economic sectors in many parts of the world. The notable expansion of electronic market activities has given rise to many legal issues; one of which is the explosion of online contracting or the?electronic contract?. Electronic contract forms the basis of electronic commerce. The ability to enter into contracts with remote parties via electronic forms of communication or through computerised electronic systems, within very short time frames, has transformed the way business is transacted today. Due to the nature of electronic contract, with its unique features and qualities, questions arise regarding the capability and appropriateness of existing commercial rules. In Saudi Arabia, Islamic law is applicable to every aspect of life including business. Since the early phase of Islam, comprehensive efforts have been made to regulate the Islamic commercial sector. However, with regards to electronic commerce insufficient attention has been given to examine the application of Islamic law in electronic contract. There is a dire need for legal clarification and the development of an appropriate legal environment in order for electronic commerce to fully develop and encourage business confidence in the use of electronic contract. This work studies the validity of forming electronic contracts in light of existing Islamic laws of contract. This study argues that although the general principles of Islamic contract are flexible enough to accommodate electronic contract, there are some existing approaches in the law that effectively close the door to its application. In turn, this presents legal uncertainty to the law applicable to electronic contract. This thesis focuses on the main conditions of valid contracts, the Islamic concept of?meeting place?, the time and the place of the contract, and the validity of electronic contract data as evidence in court.
Download or read book Electronic Contract Under Jordanian Law written by Maen S. Al-Qassaymeh and published by . This book was released on 2012 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Handbook of Smart Contracts Blockchain Technology and Digital Platforms written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2019-10-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.
Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
Download or read book Electronic Signatures in Law written by Stephen Mason and published by Cambridge University Press. This book was released on 2012-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.
Download or read book Moral Status written by Mary Anne Warren and published by Clarendon Press. This book was released on 1997-11-13 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mary Anne Warren explores a theoretical question which lies at the heart of practical ethics: what are the criteria for having moral status? In other words, what are the criteria for being an entity towards which people have moral obligations? Some philosophers maintain that there is one intrinsic property—for instance, life, sentience, humanity, or moral agency. Others believe that relational properties, such as belonging to a human community, are more important. In Part I of the book, Warren argues that no single property can serve as the sole criterion for moral status; instead, life, sentience, moral agency, and social and biotic relationships are all relevant, each in a different way. She presents seven basic principles, each focusing on a property that can, in combination with others, legitimately affect an agent's moral obligations towards entities of a given type. In Part II, these principles are applied in an examination of three controversial ethical issues: voluntary euthanasia, abortion
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Download or read book Intelligence Community Legal Reference Book written by and published by . This book was released on 2012 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Handbook of the Law of Algorithms written by Woodrow Barfield and published by Cambridge University Press. This book was released on 2020-11-05 with total page 1327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.
Download or read book Islamic Law of Business Organization Partnerships written by Imran Ahsan Khan Nyazee and published by International Institute of Islamic Thought (IIIT). This book was released on 2002 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author attempts to spell out the Islamic principles on which business enterprise should be based specially in the area of partnership. He displays a strikingly acute awareness of Islamic laws on the subject, matched by an equally striking awareness of the forms of business organization in vogue in the contemporary world. The work represents a serious scholarly effort to sort out complicated questions such as those mentioned above, to enunciate Islamic principles relative to business enterprise, and to apply them in the changed context of present-day business.
Download or read book The Law of Agency written by Gleason L. Archer and published by . This book was released on 1915 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophical Foundations of Tort Law written by David G. Owen and published by . This book was released on 1995 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.
Download or read book The Justice of Islam written by Lawrence Rosen and published by Oxford University Press, USA. This book was released on 2000 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using data ranging from the courts of North Africa to the treatment of Islam in American courts, these essays demonstrate the appeal of Islamic law in the lives of everyday adherents.
Download or read book Introduction to Islamic Economics written by Hossein Askari and published by John Wiley & Sons. This book was released on 2015-02-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gain deeper insight into the principles and theory of Islamic economics Introduction to Islamic Economics: Theory and Application provides an overview of the organizing principles and fundamentals of an Islamic economy. With deep discussion of the characteristics, rationale, key institutions, objectives, and instruments at work, the book addresses the core economic principles underlying a system based on the foundational teachings of Islam, and examines the implications for economic policies. Social welfare, economic justice, market functionality, efficiency, and equity are explored from an Islamic perspective, and the role and instruments of fiscal and monetary policy in Islamic systems are used to illustrate contemporary applications. Universities around the globe are offering courses on Islamic economics and finance, but despite the industry's rapid growth, most research has been focused on the financial principles rather than underlying economic principles. The first book of its kind, Introduction to Islamic Economics brings all the key concepts together into one reference volume. By outlining the ways in which Islamic finance and Islamic economics interrelate, this book can help readers to: Develop an understanding of the Islamic economic system and its institutional scaffolding Differentiate between the major characteristics of the dominant conventional economy and one based on the fundamental sources of Islam Understand the conditions that must be met for a just, well-balanced, stable, and growing economy Clarify the role of State, public policy, and risk-sharing in the Islamic financial system The Islamic financial system is expanding quickly, and those looking to increase their relevance in a changing economic landscape must get up to speed. Introduction to Islamic Economics provides a comprehensive overview of underlying economic system offering a deeper understanding of the feature of the system. This book is an excellent complement to Introduction to Islamic Finance, 2E by Iqbal and Mirakhor.
