Jurnal Kajian Hukum dan Sosial
Vol 23 No 1 (2026)

Evidentiary Challenges in AI-Mediated E-Commerce Disputes: Comparative Perspectives from the EU, US, GCC, and Islamic Law

Shatha Ismaeel (College of Law, Prince Mohammad Bin Fahd University)
Khalid Alammari (College of Law, Prince Mohammad bin Fahd University)
Zinah Ghanim Younus (College of Law, The Nineveh University)



Article Info

Publish Date
27 Jan 2026

Abstract

This article aims to analyse the use of artificial intelligence (AI) as an intermediary in e-commerce transactions, thereby increasing the challenges of proving damages, particularly due to algorithmic opacity, system autonomy, and the fragmentation of legal liability subjects. Using a comparative legal approach in the European Union, the United States, and Saudi Arabia in the context of the Gulf Cooperation Council (GCC), with Islamic law as an autonomous regime of proof. Using a doctrinal comparative method, the study analyses statutory instruments, judicial practices, and emerging AI regulatory initiatives to evaluate how different legal systems address evidentiary burdens and liability attribution in AI-mediated disputes. The findings demonstrate that the European Union adopts a preventive, risk-based approach to digital evidence and accountability. In contrast, the United States relies on an ex-post, fault-oriented, and fragmented adjudicatory model. In contrast, Saudi Arabia and the broader GCC remain in a transitional phase, gradually integrating electronic evidence into civil law without a comprehensive AI-specific liability framework. Crucially, the article argues that Islamic law offers a coherent and independent evidentiary framework grounded in principles such as bayyinah, qarīnah, moral accountability (amānah), and harm prevention (lā ḍarar), which are particularly relevant in addressing AI opacity by treating AI outputs as corroborative rather than determinative proof. The study proposes doctrinal and evidentiary reforms that integrate comparative legal insights with Islamic jurisprudence to enhance legal certainty, justice, and accountability in AI-driven e-commerce disputes.

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Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...