العقود الإلكترونية: دراسة فقهية تحليلية Electronic Contracts: A Jurisprudential Analysis

2014 ◽  
Vol 10 (2) ◽  
pp. 1
Author(s):  
عارف علي عارف (Arif Ali Arif) ◽  
ونادية ياس البياتي (& Nadia Al bayani)
Keyword(s):  
National Level ◽  
Digital Technologies ◽  
Modern Technology ◽  
The Past ◽  
Electronic Contracts ◽  
Islamic Jurisprudence ◽  
The World ◽  
The Moment ◽  
Legal Concepts ◽  
Legal Procedures

كان التطور في مجال تكنولوجيا المعلومات وقطاع الاتصالات الذي يمر به العالم في الوقت الراهن، أثره البالغ والواضح على المبادئ الراسخة في الفكر القانوني، خاصة في مجال العقد الإلكتروني، فبينما كانت هذه التصرفات تنشأ بواسطة العقد التقليدي، فإنه اليوم أصبح ينشأ بواسطة تقنيات رقمية. ثم إِن استخدام هذه التقنية الحديثة في إبرام التصرفات القانونية أحدث تغييرات في الكثير من المفاهيم القانونية كمفهوم العقد، إذ أوجدت هذه التقنيات أشكالاً جديدة صبغت جميعها بالطابع الإلكتروني، والتي تتصف بصفات وخصائص قد لا تتوافر في نظيرتها بالتجارة التقليدية، كالسرعة وتوفير المال والوقت والجهد، ولذلك تضافرت الجهود الدولية والإقليمية والوطنية على إصدار تشريعات تعترف بحجية هذه الأشكال الحديثة بذات الحجية المقررة للعقد التقليدي. ومع كل هذا التطور في شكل العقد، فإن الفقه الإسلامي لا يمنع الاستفادة من الأَساليب الفنية والتقنيات الحديثة خاصة في مجال العقود ووسيلة إبرامها طالما لا يتعارض مع الشريعة الإسلامية الغراء ويحقق العدالة والاستقرار وإثبات الحقوق بين الأَطراف.*******************The development the world is experiencing at the moment in the field of information technology and telecommunications sector has a comprehensive and clear impact on the established principles in legal thought, especially in the field of electronic contracts. Transactions were in the past based on traditional contracts, whereas they take shape today by digital technologies. The use of this modern technology in concluding the legal procedures has effected many changes in many legal concepts such as the concept of the contract. The electronically fashioned new forms of contract are characterized by the features and properties that are not available in the forms used in the traditional trade such as swiftness and abundance of wealth, time, and effort.  Therefore, united efforts at the international, regional and national level were made to pass legislations to recognize these modern forms as valid as those in traditional contracts.  With all this development in the form of the contract, the Islamic jurisprudence does not preclude benefiting from the modern techniques and technologies, particularly in the area of contracts and the means by which they are concluded as long as it does not conflict with Islamic SharÊ‘ah, ensures  justice, stability, and honors human rights of the parties.

scholarly journals The Resolution of International Commercial Disputes – What Role (if any) for Continental Europe?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 11-16
Author(s):  
Giesela Rühl
Keyword(s):  
The Netherlands ◽  
Dispute Settlement ◽  
Middle Eastern ◽  
National Level ◽  
High Volume ◽  
Radical Change ◽  
The Past ◽  
The World ◽  
Traditional Market ◽  
Commercial Courts

The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success? Will more international litigants decide to settle their disputes in these countries? In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.

From High to Low Enriched Uranium Fuel in Research Reactors

2010 ◽  
Vol 73 ◽  
pp. 78-90 ◽  
Author(s):  
Sven van den Berghe ◽  
Ann Leenaers ◽  
Edgar Koonen ◽  
Leo Sannen
Keyword(s):  
Research Reactor ◽  
Current Status ◽  
Research Reactors ◽  
Dispersion Fuel ◽  
The Past ◽  
Uranium Fuel ◽  
The World ◽  
Enriched Uranium ◽  
The Moment ◽  
Global Threat

Since the 1970's, global efforts have been going on to replace the high-enriched (>90% 235U), low-density UAlx research reactor fuel with high-density, low enriched (<20% 235U) replacements. This search is driven by the attempt to reduce the civil use of high-enriched material because of proliferation risks and terrorist threats. American initiatives, such as the Global Threat Reduction Initiative (GTRI) and the Reduced Enrichment for Research and Test Reactors (RERTR) program have triggered the development of reliable low-enriched fuel types for these reactors, which can replace the high enriched ones without loss of performance. Most success has presently been obtained with U3Si2 dispersion fuel, which is currently used in many research reactors in the world. However, efforts to search for a replacement with even higher density, which will also allow the conversion of some high flux research reactors that currently cannot change to U3Si2 (eg. BR2 in Belgium), have continued and are for the moment mainly directed towards the U(Mo) alloy fuel (7-10 w% Mo). This paper provides an overview of the past efforts and presents the current status of the U(Mo) development.

Maintaining Identity

2030 ◽  
2010 ◽  
Author(s):  
Rutger van Santen ◽  
Djan Khoe ◽  
Bram Vermeer
Keyword(s):  
Human Brain ◽  
Early Adolescence ◽  
Early Age ◽  
Modern Life ◽  
Story Line ◽  
The Past ◽  
The World ◽  
The Moment ◽  
The Brain ◽  
Machine Operator

Baroness Susan Greenfield’s origins are humbler than her title might suggest. Her father was a machine operator in an industrial neighbour-hood of London. In Britain, unlike many other countries, it is possible to earn a peerage through your own merits rather than pure heredity. Lady Greenfield is a leading world authority on the human brain. She is concerned that technology has invaded our lives so profoundly that it has begun to affect the way our brains operate and hence our very personalities. “People are longing for experiences rather than searching for meaning,” she says. “They live more in the moment and have less of a sense of the narrative of their lives—of continuity. They lack a sense of having a beginning, a middle, and an end. They have less of a feeling that they are developing an identity throughout their life with a continuing story line from childhood, youth, parenthood, to grandparenthood. The emphasis is more on process than content. You now have people who are much more ‘sensitive’ rather than ‘cognitive.’ ” Susan Greenfield identifies one of the causes of this development as the impressions our brains receive from a very early age. Modern life, she argues, with its hectic rhythm of visual impressions is very different from the past, in which she includes her own childhood in the 1950s and 1960s. It’s in our youth that our brains are shaped: They grow like mad during the first 2 years of life, developing a maze of connections. And in the years that follow, they remain extremely nimble, forming new connections rapidly and changing in response to our surroundings. It is very much the world around us during infancy, childhood, and early adolescence that determines the outcome of this stage of brain formation. The brain displays an immense degree of what Greenfield likes to call “plasticity” during this stage; connections are formed as and when they are needed. The foundations of Baroness Greenfield’s own personality were laid in a similar way during her youth.

scholarly journals The Concept of Eligibility and Competence in the Light of Islamic Teachings

Fahm-i-Islam ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 63-86
Author(s):  
Sajjad Hussain ◽  
Dr Muhammad Aziz
Keyword(s):  
Social Development ◽  
Economic Deprivation ◽  
The Public ◽  
Muslim Society ◽  
The Past ◽  
Islamic Jurisprudence ◽  
The World ◽  
And Control ◽  
Political Failure

Holy Prophet Muhammad (SAW) has practically guided the Muslims in all spheres of life including faith, jurisprudence, economics, politics and social circles. Muslims’ ruled the world as long as they followed the Prophet and the Islamic teachings. As soon as they started ignoring the rules of Shari’ah, they fell into a political failure and economic deprivation. Leadership is such an important aspect in which lies the secret of national, political and social development. Leadership is given such importance in Islam that Prophet (SAW) has given special instructions about the eligibility to be the leader of Muslim society. According to Islamic Jurisprudence and the teachings of the Holy Prophet (SAW), leadership can only be given to the eligible and efficient figures. If authority and control is given to some ineligible or incapable people, it is not only unsuitable but a cruelty. Muslim Ummah in general and the public of Pakistan in particular had never so intensely desired for a noble leadership possessing high qualities as they need it today. Pakistani nation has reached the verge of chaos and destruction which is leading to fatal and horrible consequences. The ideology of standard and capability has clearly been interpreted in Qur’an and Sunnah. This is further supported by the practices of the Muslims in the past. This research has focused on gathering the data about ideology of standard and eligibility for the selection/election of individuals according to the Seerah of the Prophet (SAW).

scholarly journals Born Digital? Presence, Privacy, and Intimate Surveillance

2017 ◽  
Author(s):  
Tama Leaver
Keyword(s):  
Social Media ◽  
Young People ◽  
Parental Monitoring ◽  
Mobile Apps ◽  
Begging The Question ◽  
The Past ◽  
The World ◽  
Social Media Presence ◽  
The Moment ◽  
Online Identities

The moment of birth was once the instant where parents and others first saw their child in the world, but with the advent of various imaging technologies, most notably the ultrasound, the first photos often precede birth (Lupton, 2013). In the past several decades, the question is no longer just when the first images are produced, but who should see them, via which, if any, communication platforms? Should sonograms (the ultrasound photos) be used to announce the impending arrival of a new person in the world? Moreover, while that question is ostensibly quite benign, it does usher in an era where parents and loved ones are, for the first years of life, the ones deciding what, if any, social media presence young people have before they’re in a position to start contributing to those decisions. This chapter addresses this comparatively new online terrain, postulating the provocative term intimate surveillance, which deliberately turns surveillance on its head, begging the question whether sharing affectionately, and with the best of intentions, can or should be understood as a form of surveillance. Firstly, this chapter will examine the idea of co-creating online identities, touching on some of the standard ways of thinking about identity online, and then starting to look at how these approaches do and do not explicitly address the creation of identity for others, especially parents creating online identities for their kids. I will then review some ideas about surveillance and counter-surveillance with a view to situating these creative parental acts in terms of the kids and others being created. Finally, this chapter will explore several examples of parental monitoring, capturing and sharing of data and media about their children, using various mobile apps, contextualising these activities not with a moral finger-waving, but by surfacing specific questions and literacies which parents may need to develop in order to use these tools mindfully, and ensure decisions made about their children’s’ online presences are purposeful decisions.

scholarly journals Digital Therapeutics Hold a Promising Prospect in the Healthcare Sector – Explore How

2021 ◽  
Vol 4 (3) ◽  
pp. 01-02
Author(s):  
Ashish Gujrathi
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Digital Technologies ◽  
Health Conditions ◽  
Healthcare Sector ◽  
Physical And Mental Health ◽  
Mental Health Conditions ◽  
The Past ◽  
The World

The treatments of several diseases are evolving continuously towards a digital future indeed. Digital therapeutics use digital technologies to prevent, manage, or cure physical and mental health conditions. In the past ten years, the outcomes from digital therapeutics in a broad range of symptoms, such as cancer, ADHD, asthma, mental disorders, and insomnia have improved to a great extent, thereby making it more popular around the world.

La narrazione della metropoli: Baudelaire, Simmel, Benjamin

2012 ◽  
pp. 76-84
Author(s):  
Valeria Giordano
Keyword(s):  
Personal Identity ◽  
Walter Benjamin ◽  
Charles Baudelaire ◽  
The Other ◽  
The Past ◽  
Space And Time ◽  
The World ◽  
Forms Of Life ◽  
The Moment

The words of modern narrators help bring to surface the contradictions and conflicts typical of the metropolis, transforming it into a sort of cultural instrument that reads the different languages, images and forms of life that it is defined by. The crisis of perception of space and time, the difficulty of using a language that is able to give meaning, the shattering of personal identity, all make it hard to accumulate experiences and transform them into stories to pass on. The only way to start a relationship with the other and with the world is, as Charles Baudelaire and Walter Benjamin state, the moment of choc, the moment lived and that cannot be transmitted. The urgency is to not become a prisoner of the nostalgia for the past, but to make the irreparable oppositions that affect the metropolis productive.

Understanding government discourses on social media: Lessons from the use of YouTube at local level1

2021 ◽  
pp. 1-14
Author(s):  
Osiris S. González-Galván
Keyword(s):  
Social Media ◽  
Citizen Participation ◽  
Local Governments ◽  
Local Level ◽  
National Level ◽  
The Past ◽  
Communication Processes ◽  
The World ◽  
Digital Methods ◽  
Use Of Social Media

Local Governments around the world have taken advantage of social media during the past ten years to improve transparency and to provide public services. Challenges related to information management and citizen participation have emerged, namely at the local level where the diffusion of social media has been slower compared to initiatives launched at the national level. This paper analyzes how the use of social media can reflect a change in the discursive exchanges established between local governments in Canada and Mexico and citizens. To achieve this goal, the use of YouTube by the municipalities of Quebec and Morelia was examined by using digital methods and content analysis. The author proposes the emergence of new conditions between government and users, which are changing the discourse, identity, and communication purposes of the municipalities. However, the development of more dialogic communication processes supported by social media is still a promise, at least on YouTube.

scholarly journals Astrometric Latitude and Time Observational Database at Shanghai Observatory

1993 ◽  
Vol 156 ◽  
pp. 433-433
Author(s):  
Zheng-Xin Li ◽  
You-Fen Chen ◽  
Chang-Xia Qian
Keyword(s):  
Observational Data ◽  
Earth Rotation ◽  
International Earth Rotation Service ◽  
The Past ◽  
International Earth Rotation ◽  
Earth Rotation Parameters ◽  
The World ◽  
Time Determination ◽  
Rotation Parameters ◽  
The Moment

After the closing of Bureau International de L'Heure (BIH) and the establishment of International Earth Rotation Service (IERS) at the end of 1987. Shanghai Observatory has been the institute where the astrometric latitude and time observational data are collected and treated. During the past four years, about 75,293 measurements in latitude or time determination have been obtained by the 64 optical astrometric instruments over the world from which the five-day Earth Rotation Parameters of the 1988–1990 period have still been reduced. Twelve Quarterly Report on the optical ERP have been distributed. Since the beginning of 1991 the regular reduction of the ERP has been stopped but the collecting of the observational data is still going on in Shanghai Observatory in order to meet the requirements of the scientists who are still interested on the studies concerned with these observations. There are still 42 optical astrometric instruments taking part into the regular observations at the moment.

scholarly journals THEORETICALJUSTIFICATIONOF ESSENCES OF ELECTRONIC COMMERCE

2020 ◽  
pp. 170-177
Author(s):  
Anna Viacheslavivna Tsybrova ◽  
Keyword(s):  
Content Analysis ◽  
Electronic Commerce ◽  
Structural Component ◽  
Scientific Literature ◽  
Digital Technologies ◽  
Institutional Support ◽  
Basic Principles ◽  
Goods And Services ◽  
The Past ◽  
The World

Abstract. Today, commerce is undergoing radical changes as a result of active introduction of new digital technologies that have changed the basic principles of the above field over the past ten year of the whole field of trade, which is developing very rapidly around the world.Thisdeterminestherelevanceofresearchtodeepentheoreticalandmethodologicalprovisionsof its development.Within the article, the issue of defining the essence of the category "e-commerce" is considered. It is noted that active development of this type of commerce in the world actualizes this area of research and determines the importance of deepening theoretical and methodological provisions of e-commerce, the formation of appropriate institutional support to intensify its further functioning. In the article, based on the application of the method of the content analysis, concepts of the essence consideration of "e-commerce" available in the scientific literature are singled out and analyzed. The presence of a significant number of such approaches has been established, which has determined the need to systematize them in separate areas. Thus, five holistic, generalized groups of conceptshave been identified for scientists to interpret the essence of e-commerce, namely: functional, interactive, structural, component and static. Within the article, the essence of each of the concepts is analyzed, and its own understanding of the content ofthe category "e-commerce" is offered: е-commerceisaseparatetypeofe-business, theessenceofwhichistheformationanddevelopmentofeconomicrelationsbetweeneconomicagentsintheprocessofselling, purchasinggoodsandservicesontheInternet,theuseofdigitalmarketingtechnologiesfortheirsale, electronicsystemstopayfortheirvalue in order to meet the demand for these goods and services and to make profit.

Sign in / Sign up

Export Citation Format

Share Document