نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Abstract
E-commerce serves as a fundamental pillar of the digital economy, facilitating and transforming commercial transactions globally. However, it also raises complex challenges regarding consumer protection and the legal responsibilities of digital platforms. This article adopts an analytical legal approach, incorporating principles of Islamic jurisprudence, to examine the liability of e-commerce platforms for goods and services provided. Key legal challenges include proving violations, precisely delineating the responsibilities of platforms and third-party sellers, and addressing existing legislative gaps that hinder effective consumer protection. From a jurisprudential perspective, principles such as "harm must be removed" (al-darar yuzal) and "contracts are binding" (al-’uhud mulzimah) offer a solid foundation for emphasizing platform accountability. The article proposes solutions including the revision and completion of e-commerce laws, the enactment of specialized regulations, strengthening judicial and supervisory bodies, and adapting jurisprudential teachings to modern technologies. Ultimately, integrating statutory law with Islamic legal principles, alongside improving legal and technical infrastructures, can foster a secure, transparent, and equitable environment conducive to the sustainable development of e-commerce and the safeguarding of consumer rights online.
کلیدواژهها English