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The liability of the producer of false halal products under product liability law

abdul aziz, norazlina and Amin, Naemah (2014) The liability of the producer of false halal products under product liability law. In: The 18th National MACFEA Seminar 2014, 27th - 28th August 2014, Palm Garden Hotel, Putrajaya.

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Abstract

The ultimate physical outcomes of compliance with halal requirements in Islamic production are high quality and safe products. The producers or suppliers who claim that their products are halal but in actual fact not halal are subject to criminal sanctions under relevant laws in Malaysia. The question arises as to whether the producers of non-halal products can also be liable for physical or emotional injury caused to the victims of such products. Adopting a qualitative method of content analysis, this paper aims to explore the potential liability of the producer and supplier of non-halal product under the product liability law which generally concerns with providing protection to consumers against unsafe products. The paper specifically examines the provisions of strict liability for defective products under Part X of the CPA and liability under the law of negligence. The main questions to be answered are whether non-halal products can be considered as ‘defective’ and what kind of injury can be recovered by the victims. The findings of this study provide insights to producers and suppliers on the civil liability for supplying supposedly halal products and recognition of consumer right of redress for injury caused by non-halal products.

Item Type: Conference or Workshop Item (UNSPECIFIED)
Additional Information: 546/40709
Uncontrolled Keywords: false, halal products, product liability law
Subjects: K Law > K Law (General)
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: 26 Jan 2015 08:32
Last Modified: 19 Jun 2018 10:35
URI: http://irep.iium.edu.my/id/eprint/40709

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