Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is Imperative

in Arab Law Quarterly
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

Most legislation, whether international or national, deals with electronic agents in a way that does not reflect the certainty of their features. In the past, only a human being could perform the functions that electronic agents do at present. Such electronic agents that are considered ‘Intelligent’ ramble quickly into various places, search for information, and carry out various stages of a transaction from product and merchant brokering through to negotiation, sales, distribution and payment. Nevertheless, legislations have classified them as communication tools. Perhaps such terminology has been chosen because of the lack of difficulty in its implementation or lack of legislation having the legal tools to recognize clearly the acts of electronic agents. In this paper, the concept ‘electronic agent’ is scrutinized and the feasibility of granting them ‘legal personality’ investigated, particularly under Islamic law. In particular, the question is asked: does the concept ‘legal personality’ really exist under Islamic law? If so, then how is it defined? In addition, in light of the definition(s) presented, how can ‘legal personality’ be attributed to electronic agents?

Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is Imperative

in Arab Law Quarterly

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 10 10 4
Full Text Views 8 8 3
PDF Downloads 6 6 4
EPUB Downloads 0 0 0