Jurisprudential and Legal Analysis of the Challenges of Electronic Contracts in the Oil and Gas Industry with Emphasis on the Essential Elements of Contract Validity in Imami Jurisprudence

Abstract

The emergence of electronic contracts as an innovation within the digital economy has brought about a profound transformation in the methods of contract formation, execution, and supervision of legal obligations. This transformation—particularly in fields such as the oil and gas industry, which are intertwined with public resources, national rights, and international relations—necessitates new jurisprudential and legal considerations. The validity and legitimacy of electronic contracts in this domain, from the perspective of Imami jurisprudence, depend on the realization of conditions such as valid offer and acceptance, intent and consent, capacity of the parties, knowledge of the exchanged considerations, and the legitimacy of the contractual purpose—conditions that encounter specific challenges within the digital context. This study, employing a descriptive-analytical approach and based on jurisprudential and legal sources, examines these challenges in four main dimensions. Subsequently, by invoking jurisprudential principles such as sovereignty (salṭanat), validity (ṣiḥḥa), no harm (lā ḍarar), presumption of apparent meaning (ḥujjiyyat al-ẓāhir), and binding nature of conditions (al-mu’minūn ʿinda shurūṭihim), it proposes ijtihādī (interpretative) solutions to establish the credibility of such contracts. The findings reveal that Imami jurisprudence, by utilizing its methodological flexibility and the capacities of governmental jurisprudence, is capable of adapting to modern contractual frameworks, provided that the essential elements of the contract are properly fulfilled within technological environments and that religious and governmental oversight over the protection of public interests is continuously maintained.