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All Journal International Journal of Islamic Thought and Humanities
Raha Bahari
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Religion Humanities Social Sciences

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Redefining Consent in Digital Contracts through Electronic Signatures in Islamic Law Faizin, Mu'adil; Souad Ezzerouali; Abubakar Muhammad Jibril; Raha Bahari
International Journal of Islamic Thought and Humanities Vol. 4 No. 2 (2025): International Journal of Islamic Thought and Humanities
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/ijith.v4i2.637

Abstract

Academic debate on the validity of digital contracts persists, particularly concerning whether electronic signatures can substitute ijab-qabul in Islamic law. This study examines the status of electronic signatures in Islamic contract law and Indonesian regulations by integrating normative legal analysis with an empirical survey of 29 business practitioners across Indonesia who employ digital contracts. The results demonstrate that 82% of respondents consider electronic signatures legally binding under current norms, 76% regard them as fully equivalent to handwritten signatures in representing contractual consent, and 88% affirm their role in enhancing trust and efficiency in transactions. These findings confirm that the essential principles of consent, object clarity, and party competence are preserved in digital form while aligning with statutory recognition in Indonesian law. The study contributes to contemporary Islamic contract law by providing empirical evidence that reinforces theoretical arguments, offering doctrinal insight and practical implications for developing sharia-compliant digital contracts in the digital age.
Co-Authors Abubakar Muhammad Jibril Faizin, Mu'adil Souad Ezzerouali