The guide in determining the criteria in developing contract parameters of shari’ah compliant e-commerce / Roshaimizam Suhaimi, Muhamad Rahimi Osman and Ismail Ahmad

E-commerce has become a common phenomenon today throughout the world, including Malaysia. Muslims, too, have been involved in this modern activity in order to fulfill their obligatory needs and individual necessities. Therefore, it is very important to ensure all e-commerce related activities conform to the basic principles of selling and buying according to the current fiqh muamalat and viewpoint of scholars in relation to the contract. Using the qualitative method approach, this article aims to underline some criteria to be used as a guide in developing the parameters of e-commerce contracts which are shari’ah compliant. The researcher uses the literature review and interview for data collection in identifying and determining the relevant criteria of guide in developing e-commerce parameters. In determining the main dimension, it must be verified through the method of interview with informant of muamalat experts. Results of the study found that e- ommerce parameters comprise of three main dimensions and twenty-eight guide items to ensure that e-commerce contracts are shari’ah compliant

Online Consumer Protection from the Perspective of Jordanian Law

With the common use of electronic communication tools, electronic commerce became the phenomena of this era. Consumers are able finalize their transactions online, saving both time and effort. Creating electronic contracts require mutual assent between both parties to reach agreement. With the different types of electronic contracts, one might ask how much protection is needed to consumers who are being part of this contract. This paper will highlight the issue of consumer protection in Jordan. With the fact of high number of online users who might indeed get engaged in electronic contacts, how much protection does the current laws in Jordan offer their consumers? In order to answer this question this paper will define electronic contracts and consumers from the Jordanian perspective and then move on to highlight the common laws and regulations in the UK that protect consumers before answering the main question of this paper. With the high number of consumers conducting contracts electronically in Jordan, most of them are unaware of the legal consequences of their transactions. Having said that, the author believes that boosting confidence in electronic commerce in Jordan requires providing protection for consumers from unfair practices that could be carried online. Keywords: consumer protection, fairness, e-contracts, e-commerce, contractual term

The role of UNCITRAL in regulating e-contract in the emerging e-commerce

ICT and the Internet is indeed a dynamic nature that are constantly changing and moving at a fast pace.In this environment, e-commerce has become a dominant factor in commercial transactions and business arrangements. This is a multimedia environment encompassing borderless, intangible, faceless and metaphysical world that defies traditional concepts of space and time.It converges computing, broadcasting and telecommunication with interactive capabilities. Along with the cross-border communication and global economy, is the arising of legal issue such as e-contract, that is, contracts entered into by parties via the digital networks.This paper is a study of the role of legislative implementation, in particular, the United Nations Commission on International Trade Law (UNCITRAL) in regulating e-contract in the emerging e-commerce.The realm of e-contract specifies the contracting parties dealing in a cyberspace situation.The circumstances surrounding on-line agreement (or e-contract) vary vastly to the paper-based contract function, which sometimes become a barrier to e-commerce transactions.The UNCITRAL is set up to harmonise legal contracting issues arising from contracts entered via electronics medium.Thus, this study is essential in this unchained globalisation environment.The relation between contract, e-contract, e-commerce and e-commerce law are defined before specifying legal issues pertaining to e-commerce which regulates e-contract. After a brief definition and introduction of the UNCITRAL, the main highlights will be on the role of the UNCITRAL in order to see whether it is bridging or creating the gaps between the laws of e-commerce between states and its effects on e-contract

Electronic Signatures And The Statute Of Frauds

The Statute of Frauds requires that certain contracts be signed. In this age of e-commerce exactly how does one “sign” a fax or an e-mail

Producers and Consumers in EU E-Commerce Law

Rapid growth of technology in the last decades has given rise to electronic commerce (e-commerce) as a new mode of commerce. This new commerce environment has many characteristics that affect commercial relationships and parties. Of these characteristics, global and borderless commercial activity and the intangible nature of communication can be singled out. From a legal perspective, e-commerce has developed new modes, of contract formation, performance of contracts for intangible goods, as well as payment. In this new borderless and transient sphere, certain interests of parties involved in commercial activities as buyers or sellers are in need of protection. In particular, consumer protection in e-commerce has attracted much attention in this context. Indeed, certain aspects of e-commerce need to be evaluated with respect to consumer interests in the framework of fair trade, privacy, secure payment mechanisms, morality, and so forth

Convention on E-Contracting: The Rise of International Law of Electronic Commerce?

On 23 November 2005 the United Nations General Assembly adopted a new Convention on the Use of Electronic Communications in International Contracts. The Convention on e-contracting is the most important and long awaited development in international electronic commerce law. This paper analyses the most important provisions of this convention and its potential impact on global electronic commerce. The new Convention aims to enhance legal certainty and commercial predictability of international contracts where electronic forms of communication are used. Being primarily concerned with the formation of electronic contracts, it recognizes the value of electronic communications and modernizes the terminology of older conventions to embrace the impact of digital technologies. Another advantage of the Convention is its broad scope of application as it goes beyond sale of goods and covers trade in services and information. It also confirms widely recognized principles such as that of functional equivalency or irrelevancy of the geographical location of information systems. However, it also has certain shortcomings. It does not deal with important areas of electronic commerce such as B2C e-commerce or online financial transactions. Furthermore, many provisions are of general nature and hence may actually introduce more legal uncertainty than predictability. In addition, the Convention is not binding yet. The knowledge of potential pros and cons of the Convention can become very useful for any businessmen engaged in global electronic commerce