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Title: The alignment of the Saudi legal system with the international rules of electronic commerce
Author: Almasoud, Sultan
Awarding Body: University of Hull
Current Institution: University of Hull
Date of Award: 2008
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This thesis deals with fundamental questions of compatibility and adaptation in the regulation of electronic commerce as it impacts on the norms and precepts of Islamic law. It finds that in the Kingdom of Saudi Arabia, the response of the religious and civil authorities to the realignment of its laws of contract, in order to encompass the innovations and changes implicit in the electronic environment, have been inhibited by misgivings about the nature of the electronic environment itself and by fears that some of the protective aspects of traditional contract formation will be lost. Based upon a detailed comparison of the various stages and components of the electronic and traditional contract, the thesis finds that the principles underlying Islamic law are not violated or substantively threatened by the new forms. It is shown that laws and treaties, created at an international level of scrutiny and discussion, are now broadly in place and accepted by most of the ‘developed’ world, with necessary allowance being made for future innovation and change. The Kingdom of Saudi Arabia, it is recommended, can only make progress in this field by a policy of greater engagement, both in respect of the nature of the electronic contract itself, and also with the arbiters of compromise in bodies such 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 a whole, and it suggests that any misgivings currently felt by the nation’s legislators are based more on misapprehension than on objective realities.
Supervisor: Bovis, Christopher Sponsor: Government of Saudi Arabia
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Law