transactions

The ever-increasing progress of information technology and technology has caused businessmen and individuals, whether real or legal, to use electronic contracts as one of the most reliable business methods. However, there are gaps in the legal framework governing electronic contracts and electronic commerce in Iran. These loopholes limit the effectiveness of electronic contracts. To reduce these gaps, one should rely on the general rules and general principles governing contracts and identify the main features of electronic transactions. The lack of sufficient laws and regulations in this field has caused problems in electronic contracts, which can be recognized as one of the basic problems in the field of e-commerce law. The current research focuses on the electronic contract and the obligations of the parties and its necessity in electronic commerce, with a descriptive-analytical method and using the collection of library studies, it examines the necessity of the contract in Iran's e-commerce laws and provides the necessary measures to ensure Discusses the compliance of electronic contracts with its legal requirements.

Cryptocurrency is a unique type of digital payment. It is used to online pay for goods and services, just like money is becoming mainstream today. In today's world, cryptocurrencies are a powerful and at least new technology with a long history in the world for our dear country Iran, which can be used in various programs with great efficiency in many issues of society, including economy, education, production and most importantly, the prosecution of security crimes in the field of crimes. Organized intelligence and cyber structure at a reasonable cost and be implemented on a large scale. So far, many researches have been presented on the topic of cryptocurrencies; But now many profiteers in the technological field in the world use cryptocurrencies as a tool for spending and hiding their security violations and intelligence penetration in various fields.

The current research has evaluated previous articles in different dimensions by using the meta-analysis method and emphasizing the use of digital currencies and their applications. The statistical population includes all the researches conducted from 2016 to the end of 2022 in the field of the subject under study. Through targeted sampling, 7 researches (research and promotional articles) related to the subject were selected through the scientific database and were examined based on different criteria.

This technological progress in the field of digital currencies affects many areas, including cyber security crimes such as intelligence infiltration, goods smuggling, drug trafficking, arms trafficking, human trafficking, human body organ trafficking, medicine, etc. . Unfortunately, according to the objective evidence as well as the research findings of our beloved country, Iran has become one of the contaminated countries and used by profiteers and criminals in the field of cryptocurrencies due to lack of proper infrastructure to manage and supervise the field of digital currencies.

Islamic jurisprudence pays as much attention to social issues as it does to individual and personal circumstances. In other words, Islam is not limited to personal and individual issues, but the social nature of Islam overcomes its individual aspects. Activity in the field of earning money is one of the things that the holy shari'ah pays serious attention to. Making money is not an individual matter, but it affects society. Transactions such as buying and selling smuggled goods in today's societies, especially Islamic societies such as the Islamic Republic of Iran, have caused irreparable damage and have led to the instability of the Muslim market. This study states the jurisprudential ruling of this type of transaction according to government rulings. After the introduction and conceptualization of smuggling, the reasons for the legitimacy of the issuance of a government rulings, and the expansion of its issuance, as well as the obligation to obey and prohibition of opposition to such rulings, are stated. Finally, the opposition of smuggling goods and smuggling transactions will be expressed by government rulings. In the following, the issues of expediency in the Islamic society under the guardianship of the Supreme Leader are discussed. Finally, some of the responsibilities of the government in the Islamic society in opposing smuggling and related transactions will be discussed, taking into account the public interest.

Permission and its legal effects play an important role in the legal and social relations of individuals and make possession and possession without permission is prohibited and illegitimate, and also exceeding the limits of permission is not allowed and guarantees legal implementation. Permission, if it is related to public order, is one of the mandatory rules and is one of the rulings. However, if it is not related to public order, it is a right and its mutual agreement can be changed by contents, and even the owner can revoke the permit as well as the revocation of the permit. Therefore, the cases that determine the verdict or the right of a communication permit determine its non-connection with public order. In French law, permission is the authorization of another to perform an act without which the act of issuing an act is against the law, and in all cases the unilateral obligation and reference of the permission is achieved by the unilateral will of the authorizing person and in accordance with the general rules of contracts. In this country, cases and instances of permission are considered a right, unless they are related to public order and national security. In cases where the permit is considered a verdict, in fact, the permission giver is obliged to do so and can not be revoked and transferred. But where the permission is the right of the permission giver, he can revoke this right or transfer it to another person.

The price is determined by the seller as a pillar of the contract. The necessity of determining the price is based on the requirements of the nature of the contract, as well as the Shari'a texts (books and traditions) and the jurisprudential rule of obligation. As the condition contrary to the nature of the contract leads to arrogance and invalidity, and verbal acceptance and urgency of acceptance and compliance with customary requirement and coordination and its certainty is necessary, consensus-based trade is subject to pure legitimacy and financial exchange, and the opposite condition Removes from the form of sale and according to the rule of necessity to determine the price belongs to the owner and its ownership is an obligation and the formality of the price in the contract invalidates the contract. It is fair at the time of concluding the contract. In addition, the obligation to surrender the price is also based on the Shari'a texts and the requirement of the contract itself, and the guarantee of its implementation, in addition to the obligation, is the use of the right of imprisonment and finally the use of the right of choice.