Consumer Protection in Islamic Law (Shariah): An Overview

Abstract

Islamic law is a communication from Allah, The Exalted, related to the acts of the subjects through a demand or option, or through a declaration.[i] Islamic Shariah is derived from the revelation of Allah which makes it distinct from other legal systems of the world. There are four sources of Islamic law the Qur’an,[ii] the Sunnah of the Holy Prophet Muhammad, (pbuh), Ijma (Consensus), Qiyas (analogy). There are four major schools of law in Sunni Muslim legal thought i.e. Maliki, Hanafi, Shafi and Hanbali. The scope of Islamic law is very wide. It covers almost all areas of human interest such as contracts, torts, criminology, international law, administrative law, gifts, wills, pre-emption, trust etc. Consumer protection and business ethics are amongst the more important aspects of human being’s dealings with each other. In Islam, the rights and obligations of an individual towards others are stressed heavily. Where violations occur, the prerogative to forgive or otherwise is vested in the affected individual. Allah’s forgiveness or otherwise in such cases is dependent on the will of the individual sinned against; if he does not forgive, Allah will punish the defaulter. Therefore, it is imperative for the individuals to deal with fairness in trade and commerce as well.