Society 5.0 is a new term used to indicate the future world. This society is based on ubiquity, learning machines, the internet of things, big data, cloud computing, cryptography, and biometrics. All these technologies will be merged to create a new mode of life. The new way of life will inevitably influence human beings’ values, concepts, and conduct. The result of these changes will consequently bring challenges to many legal areas. This paper addresses the challenges that brought society 5.0 to legal norms. It utilises the analytical approach to examine the capability of pre-existing legal norms to cope with new realities created by society 5.0. The paper analyses the legal implications of society 5.0 in their sociological context. It presents a jurisprudential vision to establish legal norms compatible with the new society. Three fundamental principles should be considered to establish new legal. First, social facts that trigger legal regulation can simultaneously occur in multiple places. Secondly, what the study called duality of legal rules will not survive in society 5.0 era. Third, the paper turns the spotlight on new intelligent systems which may introduce new law addressees.
This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-'Aib (option of defect). Khiyar al-'Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-'Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.
The objective of this article is to discuss the Islamic legal mechanism which will provide an opportunity to e-consumers who have suffered losses in online transactions to revoke contracts or collect arsh (compensation). Khiyar al-Tadlis (option of deceit or misrepresentation) is an Islamic legal feature that is not found in any other legal system, as it originates from the Islamic law of contracts. This option exists in cases in which the disappointed party, i.e., an electronic consumer (e-consumer), can establish that his or her agreement to a contract was gained by the deceit or wilful misrepresentation of the other party (eseller). Khiyar (option) means the authority to revoke the contract, and tadlis (misrepresentation) means to deceive the other party. This option is applied to maintain a balance in online contracts and to protect e-consumers from being deceived. This paper explores the legal protection of e-consumers' rights in online contracts through the application of the Islamic legal principle of Khiyar al-Tadlis. The paper scrutinises this Islamic principle by considering Iranian laws and European laws as a point of reference.
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