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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Indonesian Journal of Sustainability
Al-Farjani, Saleh Hashem
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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E-Contract Withdrawal Rights in E-Commerce: A Comparative Analysis of the Egyptian Consumer Protection Law and Islamic Jurisprudential Perspectives Azam, Muhammad; Al-Farjani, Saleh Hashem; Mashdurohatun, Anis; Elsonbaty, Atta; Salman, Mohammed Abdullah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44766

Abstract

This research examines the right of withdrawal in e-contracts within the realm of e-commerce, specifically under the Egyptian Consumer Protection Law No. 181 of 2018, through the lens of Islamic jurisprudence. The study focuses on the practical application of the right of withdrawal in e-commerce, particularly concerning the consumer's ability to cancel a contract post-purchase without the opportunity for physical inspection of the goods. The objective is to elucidate the conceptual framework, statutory basis, and practical implications of the right of withdrawal within both the Islamic and Egyptian legal systems, as well as to evaluate its effectiveness in safeguarding consumer rights. The research adopts a qualitative methodology with a comparative analytical approach, encompassing an examination of the principles of Islamic jurisprudence, the relevant provisions of Egyptian legislation, a thorough analysis of statutory texts, and the perspectives of legal scholars. The findings indicate that both Islamic jurisprudence and Egyptian legislation acknowledge the consumer's right to withdraw under specific conditions. Nonetheless, practical limitations persist, particularly in the digital marketplace, where product characteristics and the logistics of returning goods pose challenges to the enforcement of consumer rights. This study contributes by presenting a comprehensive comparison between traditional Islamic options (khiyār al-ru'yah, khiyār al-'ayb, khiyār al-Shart) and contemporary legislative mechanisms, thereby highlighting their mutual aim of protecting the weaker party in transactions. It is anticipated that the Egyptian government will amend Article 40 of the Consumer Protection Law to ensure a fair allocation of costs associated with the return of goods between consumers and sellers. Furthermore, the significance of consumers' understanding of their rights and responsibilities regarding the recall of goods within the electronic contract framework must be emphasised.
Bridging Law, Technology, and Justice in the Digital Ag Al-Farjani, Saleh Hashem; Alazhari, Waheed
INDONESIAN JOURNAL OF SUSTAINABILITY Vol 5, No 1 (2026): January
Publisher : Library of Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ijsunissula.5.1.37-49

Abstract

Abstract Digital innovation has emerged as a powerful force reshaping legal systems, governance mechanisms, and the protection of human rights worldwide. Technologies such as artificial intelligence, digital platforms, algorithmic governance, and big data have accelerated legal reform while simultaneously creating new challenges related to inequality, surveillance, and the concentration of unaccountable power. This article explores the nexus between digital innovation, legal reform, and social justice through an interdisciplinary legal approach that combines doctrinal legal analysis with human rights theory, political economy, and ethical perspectives. Employing a qualitative normative methodology based on secondary legal and scholarly sources, the study examines contemporary legal responses to digital transformation and assesses their effectiveness in safeguarding human dignity, equality, and accountability. The analysis reveals that although digital technologies enhance access to information and justice for certain groups, they also exacerbate structural exclusion, algorithmic bias, labor precarity, and transnational regulatory fragmentation. The findings further indicate that legal regulation alone is insufficient to govern digital power in the absence of ethical foundations, integrated social policy, and coordinated global legal frameworks. The study concludes that without a justice-oriented regulatory paradigm, digital legal reform risks reinforcing technocratic domination rather than achieving inclusive and equitable modernization. Accordingly, the article advocates for a human rights–centered, interdisciplinary model of digital governance that places social justice, accountability, and human dignity at the heart of future legal reform.Keywords: Digital innovation, Legal reform, Human rights, Social justice, Digital governance
Co-Authors Alazhari, Waheed Anis Mashdurohatun Elsonbaty, Atta Muhammad Azam Salman, Mohammed Abdullah