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All Journal Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Mahmood Alaloosh
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Securing Digital Trade: A Techno-Legal Analysis of E-Commerce Safeguards in Iraq’s Regulation No. 4/2025 Mahmood Alaloosh; Ali Shaker Mahmood; Sabir Hussien Eliwy
NUSANTARA: Journal Of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18452737

Abstract

This paper analyses the legal and technical protections created in accordance with the 2025 E-Commerce Regulation in Iraq and evaluates their compatibility with international regulations considering the swift changes in the digital trade landscape. It claims that the regulation offers a potentially strong legal framework for digital market regulation, but its success depends on its enforcement capacity and on sufficient technical and administrative infrastructure. In the absence of these conditions, the sector will be susceptible to fraud, breach of consumer data and tax evasion. The study methodologically uses doctrinal legal analysis of the regulation and its connection to existing domestic legislation, specifically the consumer protection law. This is supplemented by a well-organised comparative analysis of global data privacy and e-commerce regulatory frameworks, and a descriptive-analytical evaluation of the e-commerce situation in Iraq based on national reports and sectoral statistics. A techno-legal framework is used to assess data security, encryption, and the governance of digital identity. The results show that the regulation presents primary safeguarding measures, such as vendor licensing, transparency requirements, personal information protection, tax and customs supervision, and oversight through an electronic licensing platform. These controls demonstrate partial compliance with widely recognised consumer and data protection principles. Nonetheless, it faces challenges such as infrastructural constraints, the growth of informal online trade, and poor technical literacy among stakeholders. In terms of academics, this research study contributes to the discussion of digital regulatory capacity in less developed economies by incorporating both legal analysis and the technical compliance aspect. It reveals an absence of regulatory design and enforcement preparedness and serves as a platform for evaluating techno-legal governance of emerging digital markets.
Adapting Iraqi Law to Smart Contracts: A Comparative Analysis Incorporating Islamic Law Principles and Consumer Protection in the Contemporary Digital Era Mahmood Alaloosh; Govar Majed Ahmad; Lara Adel Jabbar
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13031

Abstract

This paper analyzes the opportunities and obstacles to introducing smart contracts into the Iraqi legal framework, focusing on the doctrinal and practical aspects. Smart contracts are self-executing transactions based on blockchain networks, lacking the involvement of intermediaries, and contest the concepts of consent, lawful subject matter, and cause of action in traditional civil-law regimes, as embodied in the Iraqi Civil Contracts Law No. 40 of 1951. Using a descriptive-analytical and comparative research approach, the study assesses Iraqi laws, as well as the experience of other countries, specifically the United States, the European Union, and the United Arab Emirates, in relation to legal recognition, assigning liability, consumer protection, and automated implementation. The conclusions show that the current legal system in Iraq lacks express clauses addressing smart contracts, leading to confusion about the identification of parties, their binding relationships, and penalties for programming errors. A comparative analysis shows that effective regulatory models are characterized by clear legal definitions, judicial capacity-building, regulatory sandboxes, and consumer rights protection. The analysis also draws on Islamic normative concepts (maqāṣid al-sharīʿah), such as ḥifẓ al-māl (wealth preservation), al-ʿadl (justice), and darʾ al-mafsid (hitting back), to support ethical governance, algorithmic responsibility, and risk avoidance. On this basis, the study suggests a balanced legislative framework for Iraq that would uphold classical principles of contract keeping and empower digital innovation by introducing statutory treatment of smart contracts, well-structured liability rules, consumer protection, and institutional reforms. Such a framework promotes the responsible adoption of automated contracts in sectors including e-commerce and financial services, enhances legal predictability, aligns domestic law with cross-border digital practices, and ensures normative legitimacy within an Islamic and international legal context.
Co-Authors Ali Shaker Mahmood Govar Majed Ahmad Lara Adel Jabbar Sabir Hussien Eliwy