الیکٹرانک فارمز اور رضامندی کی جدید صورت: شرعی مطالعہ

Electronic Forms and Modern Expressions of Consent: A Shariah Perspective

Abstract

In the course of life, every individual inevitably engages in transactions or agreements. In such dealings, the mutual consent of the involved parties serves as a foundational element. Transactions conducted with the consent of both parties are deemed valid in Islamic law, whereas those executed without consent are considered invalid, and any wealth derived from such transactions is impermissible. Mutual consent is a natural principle acknowledged by all religions, cultures, and legal systems. Islam not only mandates mutual consent in transactions but also assigns it such significance that, in certain cases, transactions are validated despite the absence of other essential conditions, solely due to mutual agreement, as evidenced by numerous examples in Islamic jurisprudence. Historically, consent was expressed either verbally or in written form. However, in the contemporary era, various modern forms of expressing consent in agreements have emerged, including electronic forms. These electronic forms have introduced new dimensions of expressing consent in contracts, previously non-existent. Today, during processes such as university admissions or contractual engagements with banks and other institutions, electronic forms available on institutional websites are filled and submitted by users, thereby expressing their consent. This article introduces the concept and background of electronic forms and examines the Shariah perspective on consent expressed through them. It aims to explore the modern methods of expressing consent in agreements via electronic forms by applying principles derived from the Quran, Sunnah, and Islamic jurisprudence. This study seeks to provide a comprehensive understanding of the Shariah ruling on such contemporary practices.