حجية التوقع الالكتروني في القضاء الشرعي الاردني

The Authenticity of Electronic Signature in The Jordanian Legal Judiciary

The researcher explores electronic signatures discussing definition and types and establishes the concept of electronic signatures as determined by the scope of the study as being the secret code exchanged between the sender and the receiver. He also explores the reality of legislation related to electronic signatures in current laws, such as The Jordanian Electronic Transactions Law, and The Jordanian Personal Status Laws, and The Shariah Procedure Code Laws. The researcher then goes on to discuss the extent of authority and permissibility of electronic signatures as compared to handwriting, detailing the opinions of religious scholars regarding the authority of handwriting presenting their texts in this matter. The researcher concludes that the authority granted to handwriting can be used as a standard upon which the authority of electronic signatures may be established. However, implementation in Shariah Courts may be faced by certain obstacles, namely the stipulation that a contract must be in writing to be considered legally binding.