The application of the khiyar al-Tadlis (option of deceit) principle in online contracts and E-consumer rights

Parviz Bagheri, Kamal Halili Hassan

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

The objective of this article is to discuss the Islamic legal mechanism which will provide an opportunity to e-consumers who have suffered losses in online transactions to revoke contracts or collect arsh (compensation). Khiyar al-Tadlis (option of deceit or misrepresentation) is an Islamic legal feature that is not found in any other legal system, as it originates from the Islamic law of contracts. This option exists in cases in which the disappointed party, i.e., an electronic consumer (e-consumer), can establish that his or her agreement to a contract was gained by the deceit or wilful misrepresentation of the other party (eseller). Khiyar (option) means the authority to revoke the contract, and tadlis (misrepresentation) means to deceive the other party. This option is applied to maintain a balance in online contracts and to protect e-consumers from being deceived. This paper explores the legal protection of e-consumers’ rights in online contracts through the application of the Islamic legal principle of Khiyar al-Tadlis. The paper scrutinises this Islamic principle by considering Iranian laws and European laws as a point of reference.

Original languageEnglish
Pages (from-to)155-162
Number of pages8
JournalMediterranean Journal of Social Sciences
Volume6
Issue number4
DOIs
Publication statusPublished - 1 Jul 2015

Fingerprint

law of obligations
legal protection
European Law
legal system
transaction
Consumer rights
Deceit
electronics
Law
Misrepresentation
Authority
Islamic law
Legal system
Legal protection
European law
Consumer electronics
Point of Reference
Islamic Law
Legal System
Legal Protection

Keywords

  • E-consumer rights
  • Islamic law
  • Khiyar al-tadlis
  • Misrepresentation
  • Online contracts

ASJC Scopus subject areas

  • Social Sciences(all)
  • Arts and Humanities(all)
  • Economics, Econometrics and Finance(all)

Cite this

The application of the khiyar al-Tadlis (option of deceit) principle in online contracts and E-consumer rights. / Bagheri, Parviz; Hassan, Kamal Halili.

In: Mediterranean Journal of Social Sciences, Vol. 6, No. 4, 01.07.2015, p. 155-162.

Research output: Contribution to journalArticle

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