Proposal in Criminal Protection of the Electronic Contracts in Saudi Arabia System A comparative Analytic Study

A comparative analysis of the proposed system for criminal protection of electronic contracts in Saudi Arabia introduces the use of modern technology on the Internet to achieve rapid information exchange between people who have never been experienced. This view encourages many people to end their trade contracts and legal actions through online online transactions. While e-commerce is largely dependent on computer systems, the use of this technology poses many problems in scientific and legal level online transactions.

According to the comparative criminal justice system of Philip Reichel, in a thematic approach, Saudi Arabian police organization has police power to emphasize the state rather than the local influence applied in the country, so "focus on single police force It represents the text ". All Law Enforcement Measures It is important to pay attention to Saudi Arabian police and military relationships. Both are branches of the same ministry (Army of Saudi Arabia), so belong to different provinces (Ministry of Interior and Ministry of Defense), but it is known that the two units are jointly dealing with criminal acts and population management It is. Therefore, the military and the police admire each other as they deal with the problem the country faces.

The Islamic law is the foundation of Saudi Arabian Penal Code and Commercial Law, and it is also the legal foundation of non-administration of the Civil Code. All contracts signed in Saudi Arabia or contracts with Saudi Arabia are subject to Islamic law. Although concerned about the legal system in contracts and electronic contracts in the United States and Saudi Arabia, there are problems with non-Muslim problems such as application of Islamic law, especially lack of information in the Shari'a system. Under Islamic Shariah it is important to note that it is forbidden to exchange delayed repayments and some additional income as interest. This also applies to interest on bank loans. The Islamic law change is that the parties to the contract should agree on a fixed price that the buyer or lender should pay later.

For foreign investors, the uncertainty of the contents of the Commercial Code will be a factor in restraining Saudi Arabia's investment due to the existence of Islamic law. Under the jurisdiction of Islamic law, the contract law is not codified. Within the general limitations of Islamic law, it allows parties to have considerable freedom to agree on terms of the contract. However, contracts involving payment of speculation or interest are forbidden and can not be enforced. In case of violating the contract, the Saudi Court will compensate only for the direct damages certified. Charges against loss of profit or opportunity are not allowed. Because these are speculation and the Islamic law does not allow such speculation.