Obligations of parties in e-commerce under Saudi Arabian and Islamic law:

Abstract

This thesis examines parties' obligations in e-commerce transactions under contemporary Saudi Arabian regulations and under Islamic law as an integral component of the Saudi Arabian constitutional system. It analyses the compatibility of traditional Islamic law principles, which are enforceable in Saudi Arabia, with modern e-commerce provisions. The thesis comprises six chapters. Chapter One serves as an introduction, while Chapter Two delves into the principles of e-commerce, examining the integration of Saudi law into these principles. Chapter Three investigates obligation theory, its origins, sources, the stand of Saudi law, and the accommodation of Islamic law within this framework. Chapter Four addresses the obligations of e-service providers (merchants) in e-commerce under Saudi and Islamic law, including disclosure, delivery, warranty, consumer privacy, and the right of recourse. Chapter Five examines consumer obligations: payment; taking delivery; and consumer obligations when exercising their rights in e-commerce. Chapter Six concludes.

The conclusion is that Islamic law is highly compatible with these issues. However, particular areas may exhibit variations, necessitating the application of Islamic principles in specific ways. For instance, alternative means of applying Islamic principles, such as Almaslahat Almursala, which prioritises public interest, can be employed. Additionally, Saudi law is essentially harmonious with Islamic law, although some instances may not align with all four schools of Islamic law.

The thesis recommends that the current Saudi Arabian legislation governing parties' obligations in e-commerce is deficient and insufficient. Consequently, it should be replaced by a comprehensive consumer protection law that safeguards consumer interests and incorporates general principles of traditional Islamic law to facilitate its implementation.