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p-Index From 2021 - 2026
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This Author published in this journals
All Journal International Journal of Islamic Thought and Humanities Nusantara: Journal Of Law Studies
Souad Ezzerouali
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice 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.
Revisiting the Principle of Legal Certainty: A Contemporary Analysis through the Lens of Legal Positivism Itok Dwi Kurniawan; Souad Ezzerouali
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17385496

Abstract

The principle of legal certainty, as formulated by Gustav Radbruch, is recognized as one of the essential values of law. It demands that legal rules be written clearly and systematically to avoid ambiguity in interpretation and application. This principle plays a crucial role in ensuring predictability, stability, and public confidence in the legal system. Within the framework of legal positivism—especially in the thoughts of John Austin and Hans Kelsen—clarity, hierarchy of norms, and the separation between law and morality serve as key foundations that strengthen the idea of legal certainty. This study adopts a normative juridical method using a conceptual and philosophical approach. It examines primary legal materials and classical theories of legal positivism to understand how the principle of legal certainty is constructed and justified within positivist reasoning. The findings show that legal certainty functions not only as a procedural guarantee to uphold the rule of law but also as a philosophical reflection of the autonomy and objectivity of the legal system. Furthermore, the study highlights that Radbruch’s theory of values enriches the positivist perspective by introducing a moral dimension to the discourse on legal certainty. The research contributes to the academic discussion by offering a theoretical synthesis between positivist and post-positivist views of legal certainty. This synthesis provides a broader understanding of law as both a normative structure and a moral framework, offering insights that can strengthen the legitimacy and consistency of modern legal systems.
Co-Authors Abubakar Muhammad Jibril Faizin, Mu'adil ITOK DWI KURNIAWAN Raha Bahari