The Role of Islam in Protection of Consumer Rights

The Role of Islam in Protection of Consumer Rights 

 

Islam is a complete code of life, which protected rights of consumes through the Shari’a Law on trade and commerce mechanism. Islamic Economic System is different from others as it prohibits some types of trade and provides specific principles for lawful trade and commerce.  

Quran is the divine revelation by Allah almighty through angel Gabriel to Muhammad (SAW). Although revealed about fourteen and half centuries ago, It is regarded as the most effective and efficient doctrine of consumer protection. Islam arrived in Sub Continent in 7^th century AD and played the most important part in the consumerism of subcontinent.

In 624 AD, one of the disciples of Muhammad (SAW), Malik Bin Deenar, came to Kerala (India) and started trading with locals in a way that was new and welcoming to them, the way trading with honesty, ethics and general concern for consumer. The locals, inspired by Malik Bin Deenar, informed the local king Cheraman Perumal. King summoned Malik Bin Deenar to understand why his practices of trade were different from local traders. In response, Malik Bin Deenar said that he was a follower of Islam and all his honesty and ethics in trade was due to the teachings of Prophet Muhammad (SAW).

According to historians, king Perumal was so impressed by the principles of Islam that he became the first person in subcontinent to convert as a muslim and left for Hajj in Makkah.

For a Businessman, Islam has emphasized that there is no other way than to satisfy a consumer. He has to satisfy the consumer even if the market forces to drive down the profits. Profit are just the means to keep the business alive, in the end the consumer should always be satisfied. Quran is also very particular about contracts. It is said in Quran,

                "The almighty says... O you who believe! Fulfill your contracts".(5:1)

The standardization of measurements and weights is also addressed in Quran as follows,

                "Give full measure when ye measure, and weigh with a balance that is straight; that is the most fitting and the most advantageous in the final determination."(17:35)

These days, when it is common practice to artificially manipulate prices, it should be noted that Quran does not allow the storage of food and grains over 40 days for the purpose of increasing prices. It is astonishing that Quran and Islam addressed the consumer rights about fourteen and half centuries ago and introduced the concepts of standardization and calibration of measures. Contract law was also emphasized in Quran for protection of consumers and accountability of macroeconomic system of a country.

Fundamental principles of Islamic Economic System:

Fundamental principles of Islamic Economic System are:

·        Earning by Halal means: Muslim are not allowed to earn and spent in any way they like. They must follow some rules in this regard. (a). Any earning from the production, sale and distribution of alcoholic drinks are unlawful as are earning from gambling, lotteries and from interest (Riba) transactions. (5:90-91, 2:275)

(b). Earning  by falsehood, deceit, fraud, theft, robbery is unlawful. (2:188, 4:2)

(c). Hoarding of foodstuff and basic necessities, smuggling and the artificial creation of storages are unlawful. (3:180, 9:34-35)

(d). Earning from brothels and from such other practices which are harmful to society are also unlawful. (24:23)

·        Liberty of individual: In Islamic system a Muslim has liberty to earn in any lawful means. Islam does not interfere with the freedom of speech, work and earning of an individual provided this freedom is not against the principles of Islam. Every individual will be answerable to Allah (swt.) for his  or her actions. (4:7, 36:71, 16:111)

·        System of Zakah: Compulsory payment of Zakah is one of the basic pillar of Islam and one of the main principles of Islamic Economic System. Every Muslim who owns wealth more than his needs must pay the fix rate of Zakah.

·        Prohibition of interest (Riba): Interest is neither a trade nor a profit. Islam prohibits all transactions involving interest. The Quran says: “They say, trade is like interest and Allah has allowed trade and prohibited interest.” (2:275)

From the above discussion we can say that consumer rights is protected in Islam.

Written By-

Md. Manjur Hossain Patoari 

Lecturer, Dept. of Law, International Islamic University Chittagong.  Cell: 01812-378390

Moderator In Blog-

A.S.M.Mamun Hossain, Advocate and CEO-Lawyersheaven Group

A Great Know How to write a Restoration Of a Writ Petition?

How to write a Restoration Of a Writ Petition?

Restoration Petition

Every Law Student/ Advocate / Barristers Willing To Practice In High Court Should Go Through Some Sort of Practice of  Writing Skills Relating To Different Types Of Petition Both For Drafting And Conveyancing. Here I am To Serve You With Such Thing as you needed. Well Come!! Try To Write This Way...

In the Supreme Court of Bangladesh

High Court Division

(Special Original Jurisdiction)

Writ petition No. 2061 of 2001.

                                                                  An application for restoration of Writ petition No. 2061 of 2001

                                                                                                                   AND

                                                                                                        In The Matter Of

            Md. Shah Khan Miah, Son of

            of Village A      P.S ..................
            District ....................

                                    ....... Petitioner.

                         -:Versus:-

                                                                        People's Jute Mills Ltd, being represented by

                                                                        The General Manager, Town Khalishpur, Khulna and others.

                                            ….....Respondents.

To       

Mr. Justice Syed J.R. Mudassir Husain, the Chief Justice of Bangladesh and his companion Justices of the said Hon'ble Court.

                                                                                                The humble petition on behalf of the petitioner                                                                                                   named above most respectfully.

SHEWETH:    

1. That the above writ petition was filed challenging the retirement letters dated 10.5.2001 under reference PJM/Adm'/3/25/2750 marked as Annexure-"C". to the writ petition.

2. That it is submitted that the instant writ petition No. 2061 of 2001 came/up in the daily cause list for hearing on 19th February, 2005 in Division Bench comprising with Hon'ble Mr. Justice Tafiq-ul Hakim and Mr. Justice Afzal Hossain Ahmed in Court No. 32 (Annexed Bhaban], as item No. I0 but unfortunately Clerk of the learned Advocate has missed the list on that very day and hence their Lordships were pleased to discharge .the Rule for default,

3. That it is humbly submitted that the learned Advocate as well as the petitioner were ail along vigilant to hear and dispose of the instant writ petition and that there is' no laches or negligence on the part of the petitioner or his learned Advocate and even the learned Advocate on behalf of the petitioner was ail along vigilant to hear and dispose of the instant writ petition.

4. That it is humbly submitted that there is a good chance of success in this writ petition as the concerned authority without applying their judicial mind passed the impugned order and il' this writ petition is hot restored, the petitioner shall have to suffer immense loss and injury and the purpose of filing writ petition will be frustrated and as such the instant writ may kindly be restored to it's original file and number after setting aside the order dated 19th February, 2005 passed by this Hon'ble Court, for the ends of justice.

                                                                               Wherefore, it is most humble prayed that your Lordships                                                                                               may graciously be pleased to restore the writ petition No.                                                                                              2061 of 2001 to it's original file and number after setting                                                                                                aside the order of discharge dated 19th February, 2005                                                                                                passed by this Hon'ble Court and/or pass such other or                                                                                                 further order or orders as to this Hon'ble Court may deem                                                                                             fit and proper.. And for this act of kindness, petitioner as in                                                                                            duly bound shall ever pray.

                   AFFIDAVIT

I, Md. Atiar Rahman, son of late Md. Noor Ail, Room No. 104, Supreme Court Bar Association Bhaban, Dhaka aged about 40 years, by faith- a Muslim, by occupation-business, nationality-Bangladeshi by birth, do hereby solemnly affirm and say as follows:-

1. That I am the Tadbirkar of this case and am acquainted with the facts and circumstances of the case and competent therefore to depose to the' same~

2. That I do hereby declare that I did not tender any such petition for registration of file Hon'ble High Court Division of the Supreme Court of Bangladesh.

3. That the statements made above are true to my knowledge before this Hon'ble Court.

Prepared in my office.                                                                                               Deponent

Advocate                                                                                   The deponent is known to me and identified by me.

                                                                                                                                   Advocate