From Taghrīr to Trust: A Comparative Study of Misrepresentation Challenges in Online Sales Contracts Within Islamic Law and the Jordanian Legal Framework

Fatima Kassāb Ḥmoud Al-Khālidī ()
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Fatima Kassāb Ḥmoud Al-Khālidī: Amman Arab University

A chapter in Contemporary Business Research in the Islamic World, 2024, pp 297-322 from Springer

Abstract: Abstract The rapid expansion of the digital economy, now valued at an impressive 32.2 trillion US dollars, has elevated online sales contracts to a critical position in global commerce. However, the challenges of misrepresentation (taghrīr) in these contracts, where parties engage in deceit to influence contract formation, have not been examined thoroughly. This gap limits our understanding of how Islamic law and Jordanian legal frameworks can effectively address these issues. This library-based study aims to fill this gap by investigating the strategies used to counter misrepresentation in online sales. Utilizing a mixed-method approach that combines descriptive, analytical, and comparative techniques, this study focuses on Islamic law, the complexities of Jordanian Civil Law, and the 2017 Jordanian Consumer Protection Act. The findings reveal a strong adherence to Ḥanafī principles within Jordanian Civil Law, particularly in conflating deceit (taghrīr) with excessive lesion (ghubn), a practice that overlooks the diversity in Islamic jurisprudence that allows distinguishing between these concepts. The study also highlights the effectiveness of the 2017 Jordanian Consumer Protection Law in addressing deceptive practices but points out a lack of provisions for consumer withdrawal rights, suggesting a need for legislative reform. The insights provided offer valuable guidance for policymakers and scholars in understanding how Islamic teachings and Jordanian law tackle misrepresentation in online contracts, thereby contributing to the pursuit of transparency in digital marketplaces. This study concludes with legislative recommendations and areas for future research.

Keywords: Misrepresentation; Gharar; Taghrir; Tadlis; Khiyar; Online sales contracts; Islamic law; Jordanian legal framework; Civil code; E-commerce; Digital marketplace; Consumer protection (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/978-981-97-5400-7_17

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