Consumer protection under Islamic law in the service industry

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 neglegted is consumer protection in the service industry. However, they are becoming important to consumers and h...

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Main Authors: Abu Bakar, Elistina, Amin, Naemah
Format: Article
Language:English
Published: Institut Sosial Malaysia 2011
Online Access:http://psasir.upm.edu.my/id/eprint/22615/1/Consumer%20protection%20under%20Islamic%20law%20in%20the%20service%20industry.pdf
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author Abu Bakar, Elistina
Amin, Naemah
author_facet Abu Bakar, Elistina
Amin, Naemah
author_sort Abu Bakar, Elistina
collection UPM
description 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 neglegted 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. Furthermore, 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 of transactions that give protection to consumers in the service industry. The discussion focuses on the Islamic values and 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.
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spelling upm.eprints-226152015-10-07T02:40:44Z http://psasir.upm.edu.my/id/eprint/22615/ Consumer protection under Islamic law in the service industry Abu Bakar, Elistina Amin, Naemah 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 neglegted 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. Furthermore, 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 of transactions that give protection to consumers in the service industry. The discussion focuses on the Islamic values and 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. Institut Sosial Malaysia 2011 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/22615/1/Consumer%20protection%20under%20Islamic%20law%20in%20the%20service%20industry.pdf 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
spellingShingle Abu Bakar, Elistina
Amin, Naemah
Consumer protection under Islamic law in the service industry
title Consumer protection under Islamic law in the service industry
title_full Consumer protection under Islamic law in the service industry
title_fullStr Consumer protection under Islamic law in the service industry
title_full_unstemmed Consumer protection under Islamic law in the service industry
title_short Consumer protection under Islamic law in the service industry
title_sort consumer protection under islamic law in the service industry
url http://psasir.upm.edu.my/id/eprint/22615/1/Consumer%20protection%20under%20Islamic%20law%20in%20the%20service%20industry.pdf
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