Electronic Signature and its Sharia Probative Force in Promissory Notes: A Comparative Jurisprudential Study

Abstract

This study aimed to examine the legality of electronic signatures in promissory notes according to the principles and objectives of Islamic jurisprudence, and to determine the extent to which they fulfill the requirements of legal obligation and documentation. The study employed an inductive, analytical, and comparative methodology. It consisted of an introduction and three chapters. The first chapter, entitled "The General Framework of Electronic Signatures and Promissory Notes," included two sections: the first section addressed the concept of electronic signatures, their types, and their technical and legal components; the second section defined promissory notes, their components, and the conditions for their validity in Islamic jurisprudence and law. The second chapter examined the legal validity of electronic signatures in Islamic jurisprudence and contemporary legislation, and consisted of two sections: the first section discussed the legal validity of electronic signatures in Islamic jurisprudence, and the second section addressed the legal validity of electronic signatures in comparative law. The third chapter presented a comparative study, comprising of two sections: the first section compared the positions of different schools of Islamic jurisprudence, and the second section compared Islamic jurisprudence with comparative law. The study concluded that electronic signatures may take various forms depending on the technologies used, as relevant laws do not prescribe a specific format. It also found that a promissory note is binding under Islamic law when its conditions are fulfilled, as it constitutes both an acknowledgment of debt and a commitment to repayment. Furthermore, Islamic jurisprudence generally accepts non-paper-based methods of documenting obligations, provided they ensure reliability and prevent forgery. The researcher therefore recommends comparative studies between Islamic jurisprudence and Arab and international legal systems to develop an integrated jurisprudential–legal framework for the evidentiary validity of electronic signatures