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

Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is... © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157302510X526733 Arab Law Quarterly 24 (2010) 393-416 brill.nl/alq Arab Law Quarterly Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is Imperative Walid Mohammed Almajid * School of Law, University of Central Lancashire, UK 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 scruti- nized 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? http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

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

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Publisher
BRILL
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
D.O.I.
10.1163/157302510X526733
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157302510X526733 Arab Law Quarterly 24 (2010) 393-416 brill.nl/alq Arab Law Quarterly Can Electronic Agents Be Granted Legal Personality under Islamic Law? A Conceptual Rethink Is Imperative Walid Mohammed Almajid * School of Law, University of Central Lancashire, UK 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 scruti- nized 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?

Journal

Arab Law QuarterlyBrill

Published: Jan 1, 2010

Keywords: electronic agent; user; legal personality; autonomy; Islamic law

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