التوقيع الإلكتروني عبر الإنترنت ومدى حجيته في الإثبات في القانون الإماراتي : دراسة مقارنة بالفقه الإسلامي

Abstract

This study addresses the status of electronic signature via the Internet as a form of evidence in general, and focuses on its admissibility in the context ofjudicial application in the UAE law with some comparison with Islamic jurisprudence. It attempts to fill in a legal vacuum in this area. The study discusses the position of esignature in modern legislations in different countries. The study is based on a combination of the descriptive and analytical methods, together with the comparative method to compare and contrast the UAE law with Islamic jurisprudence. The problem of the study is to find out the position and the legal status of e-signature in the UAE law, and to what extent the UAE law is in compliance with Islamic jurisprudence. The study results demonstrate that the UAE law does not grant full admissibility to the use of e-signature, in some of the electronic transactions. Furthermore, the study results show that the UAE law does not contradict the principles of Islamic jurisprudence with regard to the application of the controls of esignature generally. The study concludes with several recommendations, including the need to reconsider the laws involving electronic transactions and e-commerce, especially with regard to e-signature. Therefore, the study recommends the addition of an article to the UAE Law stipulating the existence of two types of e-signature (the documented and the non-documented, with an explanation of the admissibility of each of them as evidence. It is also recommended that the UAE legislator should define the term "electronic message" in conjunction with the documented e-signature, or alternatively provide a legal clause that offers a suitable definition of the "electronic message" to give it the legal force as admissible evidence in litigation.