Legal Analysis of the Impact of the Right of Withdrawal on Electronic Contracts and Consumer Trust with Emphasis on Islamic Foundations

Bagheri, Parviz

doi:10.22034/api.2026.2072453.1486

Legal Analysis of the Impact of the Right of Withdrawal on Electronic Contracts and Consumer Trust with Emphasis on Islamic Foundations

Document Type : Original Article

Author

parviz bagheri

Associate Professor, Department of Law, Faculty of Literature and Humanities, University of Ilam, Iran

10.22034/api.2026.2072453.1486

Abstract

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.

Graphical Abstract

Legal Analysis of the Impact of the Right of Withdrawal on Electronic Contracts and Consumer Trust with Emphasis on Islamic Foundations

Keywords

Keywords: Right of withdrawal

binding contracts

electronic contracts

e-commerce

consumer rights

return of goods

20.1001.1.29808944.1404.4.8.14.5

Subjects

Books
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