Cross-Border E-Commerce and Consumer Rights Protection:

A Comparison Between ASEAN Law and Islamic Law Principles

Tran Minh Chien

 

Abstract: The explosion of cross-border e-commerce has posed new challenges to the protection of consumer rights. This article provides an in-depth analysis of the current legal framework for consumer protection in e-commerce within the ASEAN region, compares it with Islamic law principles in this area, and clarifies the theoretical and legal basis of the two systems, thereby highlighting the main similarities and differences. The results of the study show that ASEAN has developed common principles and agreements to harmonise the laws of member countries, emphasising online consumer protection similar to traditional trade, and promoting cross-border dispute resolution through online dispute resolution and cooperation (ODR) mechanisms. Meanwhile, Islamic law emphasises fairness and honesty in transactions, based on religious teachings that prohibit any act of gharar (uncertainty) or riba (usurious lending) in commerce. The article also highlights that, despite the common goal of ASEAN and Islamic law to protect consumers, there are significant differences in approach and enforcement. On this basis, the author proposes several recommendations, including strengthening inter-regional cooperation between ASEAN and Muslim countries, harmonising consumer protection norms, and developing more effective dispute resolution mechanisms, to move towards a safe, fair, and sustainable e-commerce environment for all consumers.