The alignment of the Saudi legal system with the international rules of electronic commerce

This thesis deals with fundamental questions of compatibility andadaptation in the regulation of electronic commerce as it impacts on the normsand precepts of Islamic law. It finds that in the Kingdom of Saudi Arabia, theresponse of the religious and civil authorities to the realignment of its laws ofcontract, in order to encompass the innovations and changes implicit in theelectronic environment, have been inhibited by misgivings about the nature ofthe electronic environment itself and by fears that some of the protectiveaspects of traditional contract formation will be lost.Based upon a detailed comparison of the various stages and components ofthe electronic and traditional contract, the thesis finds that the principlesunderlying Islamic law are not violated or substantively threatened by the newforms. It is shown that laws and treaties, created at an international level ofscrutiny and discussion, are now broadly in place and accepted by most of the‘developed’ world, with necessary allowance being made for future innovationand change.The Kingdom of Saudi Arabia, it is recommended, can only make progressin this field by a policy of greater engagement, both in respect of the nature ofthe electronic contract itself, and also with the arbiters of compromise in bodiessuch as the United Nations and the World Trade Organisation. It finds this progress to be essential to the health and well-being of Saudi society as awhole, and it suggests that any misgivings currently felt by the nation’slegislators are based more on misapprehension than on objective realities