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00:00As-salamu alaykum wa rahmatullahi wa barakatuh.
00:21As-salamu alaykum wa rahmatullahi wa barakatuh.
00:51As-salamu alaykum wa rahmatullahi wa barakatuh.
01:21As-salamu alaykum wa rahmatullahi wa barakatuh.
01:36As-salamu alaykum wa rahmatullahi wa barakatuh.
01:47As-salamu alaykum wa rahmatullahi wa barakatuh.
01:50Doctor, regarding the e-signature, what is its meaning?
01:55What is the meaning of the e-signature?
01:57Is there a legal basis that we can rely on to say that it is permissible?
02:05Praise be to Allah and peace and blessings be upon the Messenger of Allah.
02:09The e-signature is a specific procedure that a person performs to sign on Al-Muharram.
02:18Whether this procedure is in the form of a number or a specific sign or a special code,
02:25this is the e-signature as it is known by the jurists of the law and the jurists of the system.
02:33The Islamic Shari'ah is known by the e-signature system,
02:42and it was used for the first time in the official e-signatures in the 6th year of the emigration of the Prophet Muhammad, peace and blessings be upon him.
02:52Regarding the legal basis of the e-signature, and you established this through the Hadith of the Prophet,
03:01and there are some verses of some scholars that depend on it,
03:06for example, Allah Almighty said,
03:09O you who are busy, I have been given a noble book.
03:14They said that the noble book is the sealed book.
03:17This seal, it seems, can be relied on to say that it is the basis of protesting the e-signature.
03:28You said that the e-signature is a set of letters or signs.
03:34The purpose of these letters and signs is to establish and identify the person who has this e-signature.
03:42From here, I want to ask, what is the purpose?
03:45And why did the so-called e-signature appear?
03:51The e-signature is a manifestation of the expression of the will.
03:57For example, I want to sign a contract with a person and there are distances between me and him,
04:02or there is another country between him and me,
04:05so I sign an e-signature for him as an expression of this will.
04:12This is the basis of the Islamic Shari'a,
04:16and the Noble Qur'an, of course, and the Prophetic Sunnah,
04:19in which there are verses of the Qur'an and Prophetic Hadith,
04:23which indicate that this expression of the will is permissible by any means.
04:28In addition to the verse that you mentioned and preferred,
04:32there is also the saying of Allah Almighty,
04:34O you who have believed, fulfill your contracts.
04:37Allah Almighty has commanded loyalty through contracts,
04:40and under it is the comprehensive contract on the expression of the will,
04:45which is expressed by any means,
04:48including e-signature within the limits of administrative contracts.
04:52There is also the saying of Allah Almighty,
04:54O you who have believed, fulfill your contracts.
04:57This also indicates loyalty by the indication of logic,
05:01that is, to do the matter is to fulfill.
05:03This is a matter of doing, and it is for existence.
05:06There is no exception to this obligation.
05:08There is also the saying of the Prophet, peace and blessings be upon him,
05:11in the hadith narrated by Ibn Hibban and Sahau,
05:14in the hadith of Abu Zar,
05:16that the Prophet, peace and blessings be upon him,
05:18said to him, tell the truth, even if it is bitter.
05:21This hadith indicates the obligation to consider,
05:24to admit to oneself.
05:26The e-signature here is full of controversy and dispute,
05:29as if it is an admission of the person himself
05:34Yes, as you mentioned, doctor, in the language of the law,
05:38it is the expression of the will,
05:40and perhaps in Islamic jurisprudence,
05:42it is called the answer or acceptance,
05:44and the answer and acceptance must be in the form
05:47so that we can say that the contract is valid.
05:50And also, as it seems, doctor,
05:52the smart e-governments have now adopted this e-signature.
05:58Legally, perhaps, from the origin and the sentence,
06:02that there is no objection,
06:04but my question here, doctor,
06:06is it possible that I have what is called forgery,
06:10and the subject of forgery,
06:12perhaps, not least in e-signatures,
06:15and some say that all the transactions that run
06:19through the internet and the spider web are penetrated,
06:24and there may be forgery,
06:27and therefore, we should be careful when we say
06:31that the e-signature is accepted.
06:33What is your opinion?
06:35The Islamic Sharia has adjusted this issue
06:39with several conditions.
06:41It said that the e-signature is permissible and legal,
06:44but with specific conditions and certain conditions.
06:47The first of these conditions is that it must be written,
06:51or this e-signature must be transparent.
06:54And the meaning of it being transparent
06:56means that it remains after it is written.
06:58It must be written on paper,
07:00or on a piece of paper,
07:02or on a specific matter,
07:04from which it is clear the validity of this e-signature,
07:07and that this e-signature should be preserved for a long time.
07:10The second condition is that it should be marked.
07:13Is it possible, doctor,
07:15that it should remain for a long time?
07:18Is this matter valid
07:21in relation to the e-signature?
07:23Perhaps, it does not remain.
07:26No, the e-signature is on a document,
07:29and this document remains as long as the e-signature exists.
07:35Because the e-signature here,
07:37as the jurists said,
07:39must be in a record.
07:41And the record here includes the e-signature
07:44and the paper record.
07:46That is, its writing,
07:48and it is also possible to take more actions
07:51on these conditions or on these conditions,
07:54if the e-signature is on it.
07:56If the e-signature is on this e-signature,
07:59as Allah, Glorified and Exalted is He, said,
08:01And take two of your men as witnesses.
08:03Doctor, here I want to mention a matter
08:06that is related to the issue of documentation
08:09and the e-signature.
08:11The Islamic Jurisprudence Association
08:14has prepared all the dealings
08:17that are through the modern communications,
08:20but it actually stopped
08:22when it came to the marriage contract.
08:25And perhaps now it has begun to be reconsidered.
08:28And the fear that made it stop
08:31or keep the marriage contract,
08:34is that marriage is a matter
08:38that must be taken care of.
08:41And they said,
08:43it is a matter of possibility of forgery.
08:45This matter is possible.
08:47Have we now reached the progress
08:49that we have reached?
08:51Is it possible to take precautions
08:54to prevent forgery or reduce it?
08:57Or is this a rare thing?
08:59The e-signature now speaks the reality,
09:02whether it is in marriage or not.
09:05And I agree with your grace
09:07that the e-signature on the issue of marriage
09:10should be taken care of.
09:13Because it is one of the contracts
09:16that has a strong bond,
09:19as mentioned in the Holy Quran.
09:22But now,
09:23the norm is to work with these modern e-media
09:27so that it becomes an alternative to paper.
09:31If you listen now,
09:33about a university without papers,
09:35about an institution without papers,
09:37all of this is based on what?
09:39It is based on e-media.
09:41There is a complete government,
09:43they say,
09:44the e-government now,
09:46it is not just an institution.
09:49Yes,
09:50and e-media in various courts.
09:53I mean,
09:54I saw the corona crisis,
09:56and what happened in the corona crisis.
09:58The person used to make a claim,
10:00and defend his right.
10:02All of this is based on e-media.
10:04All of this,
10:05how can we be sure of the personality of this man?
10:08Unless the Sharia allows
10:11in the field of this e-signature,
10:13or by expanding this e-signature.
10:16But what I would like to emphasize is that
10:19the norm,
10:20as the jurists said,
10:21is a firm norm.
10:22I mean,
10:23the norm here,
10:24if even the scholars said that
10:26commercial transactions now
10:28through the e-signature,
10:30were allowed by the modern systems
10:32in the Kingdom of Saudi Arabia,
10:34the system of electronic transactions,
10:36the system in the Emirates,
10:38like this system,
10:39were allowed by the countries
10:41at the national level,
10:42and at the international level.
10:44Therefore,
10:45the essence is the e-signature.
10:47So, doctor,
10:48regarding the e-signature now,
10:49the jurists must,
10:50as you preferred,
10:51be consistent with the evolution,
10:53and they must say yes,
10:54but with the rules,
10:55and you mentioned one of the rules.
10:57Let me hear the rest of the rules
10:59after this break.
11:00Dear viewers,
11:01stay with us.
11:11IN THE NEXT EPISODE
11:12THE ELECTRONIC SYSTEM
11:13OF THE KINGDOM OF SAUDI ARABIA
11:14WILL BE RESTORED
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11:54ON ITS YOUTH
12:05Welcome, ladies and gentlemen,
12:07for another episode of the program
12:09on electronic visa at Al-Azhar University.
12:11Our guest this week is Dr. Mohammed Okkaz,
12:13deputy secretary of the Law and Sharia Faculty.
12:15Dr. Okkaz, you started by talking about what criteria
12:16and restrictions must apply in order to consider
12:18an electronic visa like here in the Islamic jurisprudence
12:21that the electronic signature in the Islamic jurisprudence is acceptable.
12:23What are the rest of the conditions or conditions?
12:26Of course, we said that the electronic signature, here the writing must be clear,
12:34that is, written on paper or on a piece of paper.
12:37The second thing, as the jurists said, is that the writing must be marked,
12:41which means that it is marked, that is, preserved in a special record,
12:45or in a special press, or in a special device,
12:48so that the judge or the disputant can return to this signature when disputing and be preserved.
12:57The third very important thing is that the electronic signature must not be disputed or contradicted,
13:05that is, the person who signed it must not deny it.
13:08But if he denies it, then the other party must prove it
13:13by all means that he has that this signature is the signature of this person.
13:21But this condition is also that it is conditional even on the manual signature, isn't it?
13:27Yes, yes, it is also a condition on the manual signature,
13:31so let's start with the traditional signature here and the manual signature,
13:35and of course the traditional signature if there is a dispute about it,
13:39the subject is referred to an expert or to the claimant,
13:43based on the hadith of the Prophet, peace and blessings be upon him,
13:46the proof is on the claimant to prove that this signature and the signature of the person are the same in all ways.
13:56Okay, doctor, what are the differences?
13:58Is there a difference between the electronic signature and the manual signature?
14:03Is it the same in terms of content?
14:07I mean, there are characteristics of the electronic signature,
14:12one of which is that the electronic signature is approved by the person that this signature is attributed to his friend.
14:20I mean, like, for example, the issue of the machine switch,
14:23the machine switch that stands in front of the machine to get money.
14:29This is the secret number that is in this machine switch,
14:33and in terms of the electronic signature of this person,
14:36he does not know these numbers or this secret, except his friend.
14:41So if he signed it or entered these numbers in this machine switch,
14:48the bank will immediately give him the money he wants,
14:53as proof that these numbers belong to this account holder or this person.
15:00The password that is called the secret word means this in terms of the electronic signature.
15:06In terms of the electronic signature on this matter.
15:11I mean, if someone gives the wrong numbers, the bank does not give him anything,
15:16so the bank does not depend on giving him money,
15:19unless he gives him a signature that expresses these numbers.
15:24Because we said that the electronic signature is a form, number, sign,
15:30or a certain form, or a certain seal, as Islam has stated,
15:34and as Islam has known the idea of the seal,
15:37which the jurists also said in the Shari'a and jurisprudence,
15:42that it is in the same way as the electronic signature.
15:45Doctor, what are the pictures of the electronic signature?
15:48We hear that there is an electronic pen, we hear that there are pictures of this signature.
15:55Are there pictures or is it one picture, for example?
15:59Yes, there are many pictures of the electronic signature.
16:03There is what is called the digital signature,
16:06which means that this digital signature is a transparent numerical symbol
16:11that is generated by complex arithmetic.
16:15This number is in the same way as the electronic signature.
16:18There is also the biometric signature,
16:21and there is the electronic pen signature.
16:25On the phone, for example, when you apply the signature,
16:28there is a pen like this,
16:30in which you enter the symbol that you want to sign,
16:33which is dependent, for example, by the institution that you belong to,
16:38to increase the confirmation that this signature is the signature of this person.
16:42Then, if you receive a paper, you take this signature from the phone,
16:46then you put it in the special pen for signing,
16:50and this signature is called the electronic pen signature.
16:56Islamic jurisprudence has its rules,
16:59which are easy and comprehensive,
17:02and includes all the Hadith.
17:05Anything that happens is in the Islamic jurisprudence.
17:08Its rules are not rigid.
17:11As long as this signature does not harm anyone,
17:14it is proven through repetition, repetition, and practice
17:19that this signature is the signature of this person.
17:22Therefore, the disputants can prove that this signature is the signature of this person
17:27in all the ways to prove it, as we mentioned,
17:30especially since the principle of the Islamic Shari'a
17:33is to preserve, or its objectives are five,
17:36to preserve the soul, religion, mind,
17:39progeny, honor, and wealth.
17:42Wealth is one of the dangers of life,
17:45and it is a very important thing in the Islamic Shari'a
17:48to preserve it so that only its owner can take it.
17:53Some may say,
17:56that you always say that Islamic jurisprudence
17:59is subject to evolution,
18:02and he does not understand this.
18:05He says that the electronic signature is a new thing.
18:08How do you say that it is a proof in Islamic jurisprudence
18:11and you set conditions?
18:14How do we convince these people
18:17that they are capable of evolving in this matter?
18:20We want a simplification.
18:23He may say that the signature did not exist
18:26during the time of the Prophet, peace and blessings be upon him.
18:29You argue with general verses.
18:32What do we say, Doctor?
18:35We say that Islamic jurisprudence is part of the Islamic Shari'a,
18:38and we as Muslims and students of knowledge
18:41believe that the Islamic Shari'a is valid for all times and places.
18:45The Islamic Shari'a includes all new things.
18:48We have mentioned that the Islamic Shari'a
18:51is not only the Quran and the Sunnah.
18:54The Islamic Shari'a is also a general principle
18:57set by the jurists.
19:00The jurists said that the origin of these things is pornography.
19:03The origin of these things is pornography.
19:06If there is no harm,
19:09if there is no perpetrator,
19:12or if there is a legal text that allows pornography
19:15other than sinning.
19:18The scholars of the Hanafi faith
19:21like the new Imam of the Caste of Ibn Abidin
19:24mentioned that the documents of traders,
19:27brokers and scammers
19:30can be used to sign an electronic ID.
19:33I can write in my notebook
19:36that I am a trader and I am commercializing
19:39or a seller, the judge can resort to it and consider it an independent argument that he can work with.
19:48This is based on decency, not on control, signing, or signing.
19:53No, this is based on decency, and decency is followed here.
19:57And decency here governs us by the principle of interests and corruptions.
20:01And of course, electronic signing has many features that make the Shari'a call to it.
20:09Dr. Fadhil, I would like to ask about the advantages of electronic signing.
20:16What are the benefits of it?
20:19Yes, this also takes us to the fact that electronic signing has ways and speeds.
20:24Imagine, for example, if you have a member in an institution in a council,
20:30you gather 50 people, and you have, for example, some members in other countries or in other remote areas.
20:37You can discuss a matter and make decisions for the benefit of this institution that you belong to,
20:46easily, quickly, and very easily,
20:50in terms of what benefits the public interest of this institution.
20:56This is a very important feature of electronic signing.
21:00Also, electronic signing is highly secure.
21:03So it is very far from the idea that you mentioned at the beginning,
21:07which is the idea of forgery in electronic signing.
21:10How is that, Dr. Fadhil?
21:13Because, Dr. Fadhil, today we hear the truth.
21:16Sometimes there is access to a person's personal email,
21:23there is access to an account, there are thefts,
21:26there is what is called piracy, Dr. Fadhil.
21:30Is there any protection now?
21:31Is there any protection that we can rely on?
21:38First of all, there are modern technologies that protect electronic signing completely.
21:44Because electronic signing is more secure than documents that are circulated among individuals.
21:51Documents that are circulated among individuals can be leaked.
21:55It can be stolen, it can be forged.
21:57It can happen to any of these things.
22:00But if electronic signing is done with its modern technologies,
22:05it is very far from these leaks or piracy,
22:11because it is protected by modern technologies
22:14that are better than circulating documents among people.
22:19Also, one of the advantages of electronic signing is that it saves resources.
22:24It does not consume resources.
22:25Instead of consuming papers, pens, tables, and other things,
22:30employees, workers, and so on,
22:35we save all this with electronic signing
22:39if it is done with the standards we mentioned.
22:44Dr. Fadhil, as you mentioned, this is a matter of time.
22:48There are also contracts through electronic signing that are signed.
22:54Even if an employee buys a certain commodity,
23:00just by signing it, it saves time.
23:04As you mentioned, the same is true for resources.
23:08This can be relied on today.
23:11Now, Dr. Fadhil, what is the extent of reliance on electronic signing,
23:17especially in developed countries?
23:20Sometimes, these countries are called electronic governments.
23:26It is not just a matter of selling and buying.
23:28All documents are now documented through electronic signing.
23:35Yes.
23:36Electronic signing is a modern phenomenon,
23:41but many countries, governments, and systems have relied on it.
23:48As you mentioned, there is a system for electronic signing,
23:54e-commerce, e-contracts, and e-negotiations.
23:59All of this leads to expansion in this field.
24:02Expansion in the field of electronic signing
24:05so that the world can easily, easily, precisely, safely,
24:11and in many ways comply with Islamic law
24:15and never stand still in the face of progress,
24:19because Islamic law calls for progress, development,
24:23accuracy, and so on.
24:28If we look at electronic signing,
24:32for example, we find that this is this person's signature.
24:37Therefore, this signature is relied on in all future transactions.
24:41He cannot deny his signature, or argue with it,
24:45or argue that this is not his signature.
24:47This is one of the advantages, as you mentioned, Doctor,
24:51that time has caught up with me.
24:53It was a fun episode, Doctor,
24:55and full of beautiful information,
24:57and it has been proven that electronic signing is an argument in Islamic jurisprudence
25:01under the conditions and conditions you mentioned.
25:03Dear viewers, at the end of this episode,
25:05we thank Dr. Mohamed Okkaz,
25:08the representative of the Faculty of Law and Law at Al-Azhar University.
25:12You can send your questions to the e-mail on the screen in front of you.
25:17You can also watch the episode on nasa.nbc.com
25:22and social media sites.
25:24May Allah accept your prayers, dear viewers.
25:26May Allah's peace, mercy, and blessings be upon you.
25:38For more information, visit nasa.nbc.com