Consumer protection under Islamic law in the service industry

Abu Bakar, Elistina and Amin, Naemah (2011) Consumer protection under Islamic law in the service industry. International Journal of Social Policy and Society, 8. pp. 37-49. ISSN 1823-0865

PDF (Consumer protection under Islamic law in the service industry) - Published Version Restricted to Repository staff only Download (845kB) | Request a copy

Abstract

Consumer protection refers to safeguards against malpractice and exploitative techniques by suppliers of goods or services that adversely affect consumers. The area that seems to be most neglected is consumer protection in the service industry. However, they are becoming important to consumers and have raised complicated legal issues. Unlike the supply of goods, in which the product quality can be assessed before a sale, a supply of services involves human activity that cannot be subject to such control. Furthemore, consumers often lack technical expertise and are therefore in a weak bargaining position. They are not in a capacity to discuss fully their requirements with service providers and thus can be at the latter's mercy. The aim of this article is to examine the principles under the Islamic law transactions that give protection to consumers in the service industry. The discussion focuses on the Islamic values abd references are made to the opinions of scholars of four schools of thought i.e. Hanafi, Shafi', Hanbali and Maliki. It is submitted that Malaysia should adopt these principles into the legislation and consumer policy so as to strengthen the consumer protection in the country.

Item Type:	Article (Journal)
Additional Information:	546/9044
Uncontrolled Keywords:	consumer, service industry, Islamic law
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Assoc.Prof.Dr Naemah Amin
Date Deposited:	09 Dec 2011 17:56
Last Modified:	09 Dec 2011 20:57
URI:	http://irep.iium.edu.my/id/eprint/9044

Actions (login required)

View Item