A Proposal to Protect Saudi Consumers From Unfair Contract Terms in light of American and British laws

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Under the rule of King Salman bin Abdulaziz and his Crown Prince Mohammed bin Salman, the Kingdom of Saudi Arabia, in its current era, is witnessing numerous development at all economic, legal, and social levels. Saudi consumer protection is one of the pillars of the Kingdom's 2030 vision. Therefore, the Ministry of Commerce is doing a great job to achieve this protection. However, consumer protection from unfair contractual conditions, in particular, is one of the areas that is still below the level of this remarkable development. This study came to present a proposal to create a law that focuses on protecting consumers from contractual terms that professional traders set in their contracts with consumers, which are often in the trader's interest. This proposal is based on a comparison with what was previously experienced in some other world countries. To achieve this comparison, the American and British experiences were chosen because of the difference in the protection method used in those two countries. Since the Kingdom of Saudi Arabia follows in its provisions Islamic law, this proposal was built accordingly to the general provisions and principles of Islamic law stated in the Holy Qur’an and in the Prophet Muhammad sayings, and based on what the majority of Muslim jurists understood in their interpretations.

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