Paper Title
GUARDIANSHIP AND CUSTODIANSHIP IN MINORS’ DIGITAL TRANSACTIONS
Abstract
This study addresses one of the issues related to the application of the guardianship and judicial guardianship system to minors’ digital transactions in light of the transformations brought about by the digital revolution, as minors are no longer merely recipients of these transactions but have become active participants in the digital environment through the creation of accounts, concluding digital contracts, and managing digital assets. Accordingly, this research aims to clarify the extent to which traditional jurisprudential rules regarding the legal capacity of minors align with these transactions and to analyse the suitability of modern legislation, particularly in light of the laws of the United Arab Emirates. This research relied on an analytical approach to study legal and jurisprudential texts, a comparative approach between Islamic jurisprudence and modern laws, as well as an inductive approach through the analysis of practical cases. The research showed that jurisprudential rules possess the flexibility to be applied to the digital environment, but they require legislative development that takes into account their specific characteristics in the digital environment, particularly regarding the speed of transactions and the difficulty of reversing them. The research also recommended strengthening mechanisms to verify the guardian’s consent to these transactions, enacting legislation to regulate minors’ digital accounts, and requiring digital platforms to implement effective safeguards to protect minors’ rights.
Keywords - Guardianship, Custodianship, Minor, Digital Transactions, Capacity, Legal Liability, Data Protection