Objective: This study aims to examine the relationship between the right of withdrawal in electronic contracts and the principle of the binding force of contracts, and to clarify the possibility of establishing a balance between consumer protection and the parties’ commitment to contractual obligations, with reference to legal foundations and perspectives of Islamic jurisprudence. It also seeks to explore the position of this right within contemporary legal systems and the jurisprudential capacities that may justify its recognition.
Method: The research adopts a descriptive analytical approach and is based on the study of legal sources, a comparative examination of viewpoints within Islamic jurisprudence and Sunni legal thought, and an analysis of current practices on electronic commerce platforms. The data were collected and analyzed through the review of statutory texts, jurisprudential sources, and relevant scholarly articles.
Results: The findings indicate that through certain exceptions and predetermined conditions, it is possible to establish a balance between the principle of the binding force of contracts and the consumer’s right to withdraw. Furthermore, the examination of jurisprudential perspectives reveals that institutions similar to the right of withdrawal have precedents and roots within the Islamic legal tradition, which can be used to provide legal justification for this institution.
Conclusion: Despite the existing challenges in implementing the right of withdrawal in electronic contracts, the development of coherent legal frameworks and the utilization of jurisprudential foundations can help create a balance between consumer rights and contractual stability, thereby protecting the interests of both parties. Strengthening protective regulations and clarifying the conditions for exercising this right can also enhance its effectiveness within the legal system.