E-Contract Withdrawal Rights in E-Commerce: A Comparative Analysis of the Egyptian Consumer Protection Law and Islamic Jurisprudential Perspectives
This study examines the E-Contract Withdrawal Rights in E-Commerce under Egyptian Consumer Protection Law No. 181 of 2018, from the perspective of Islamic jurisprudence. The research problem focuses on the challenges of applying the right of withdrawal in e-commerce, especially concerning the consum...
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| Main Authors: | , , , , |
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| Format: | Article |
| Language: | Arabic |
| Published: |
Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2025-04-01
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| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| Subjects: | |
| Online Access: | http://jurnal.unissula.ac.id/index.php/ua/article/view/44766 |
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| Summary: | This study examines the E-Contract Withdrawal Rights in E-Commerce under Egyptian Consumer Protection Law No. 181 of 2018, from the perspective of Islamic jurisprudence. The research problem focuses on the challenges of applying the right of withdrawal in e-commerce, especially concerning the consumer's ability to cancel a contract after online purchases without prior physical inspection of goods. The objectives are to clarify the conceptual framework, legal foundations, and practical implications of the right of withdrawal in both Islamic and Egyptian legal systems, and to assess its effectiveness in protecting consumers. The methodology adopts a comparative analytical approach, critically examining Islamic jurisprudential principles (Khiyar) alongside Egyptian statutory provisions, supported by analysis of legal texts, court cases, and scholarly opinions. The research findings confirm that both Islamic jurisprudence and Egyptian law recognize the consumer’s right to withdraw under specific conditions. However, practical limitations exist, especially in the digital marketplace where product characteristics and return logistics complicate consumer rights enforcement. This study lies in its integrative comparison between traditional Islamic options (Khiyar al-Ru'yah, Khiyar al-‘Ayb, Khiyar al-Shart) and modern legislative mechanisms, highlighting their convergence in protecting the weaker party in transactions. The study recommends that the Egyptian government amend Article 40 of the Consumer Protection Law to share return costs equally between consumers and foreign suppliers in cross-border transactions. Furthermore, public awareness campaigns should be intensified to educate consumers about their withdrawal rights and responsibilities under electronic contracting frameworks. |
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| ISSN: | 2597-6168 2597-6176 |