Electronic contract under Jordanian law : comparative study with Islamic Law

Abstract

This study is entitled “Electronic Commerce under Jordanian Law: Comparative Study with Islamic Law, Focusing on Contractual Issues”. It is a legal study that attempts to explore and discuss the legal issues which come as a result of contracting via electronic means. The study searches for suitable solutions for these issues within the general frame of the theory of the contract. It is conducted in two axes: Jordanian Law and Islamic Law. While the basic rules in Jordanian Civil Law which regulate the contract are taken from Islamic Law, the rules which are assigned to regulate the electronic contract in Jordanian Electronic Transaction Law are influenced by the international conventions, particularly by the United Nation Conventions, but not by Islamic Law. Therefore, this study attempts to harmonize between Islamic rules, the basic rules in Jordanian Civil Law and the rules of Electronic Transaction Law which are dedicated to regulate electronic contract. The method applied in the study is analytical, that includes comparative examinations of Quranic verses, Prophetic traditions, legal articles and literatures from relevant sources. Finally, the study comes out with several conclusions and recommendations which include harmonized solutions that are suitable for both laws; Jordanian Law and Islamic Law.