AN ANALYSIS OF ELECTRONIC DOCUMENTATION OF CONTRACTS IN ISLAMIC LAW

We are in an age where the life of the average human is trapped in a virtual cocoon, such that it is pretentious to ignore its overwhelming influence in all aspects of human endeavour. Our social, economic, religious, cultural and even political lives are dictated by the electronic and digital atmosphere. We buy cellular phones, tablets or personal computers, obtain SIM cards to enable us to access a telecommunication network, subscribe to data and hop on the internet, browse and explore different sites; open a Yahoo mail or Gmail account, Facebook, Instagram or even Twitter accounts, download software, books, watch videos, share information, buy goods or pay for services. By this, we are consciously or unconsciously getting ourselves committed to different forms of contracts with parties of virtual identities. Regulation of electronic platforms has’ been a burning issue even under common law. Its growing sophistication makes it even more imperative. However, little has been done to regulate the phenomenon according to, or to bring it to conform to the Islamic legal system. In the documentation of traditional contracts, papers are required and signed by the parties to validate the contract, or concluded on a face-to-face parol basis. While in its e-contract counterpart, paper, pen, witness, handwritten signature are not necessary.