Legal renewing of consumer protection (himâyah al-mustahlaki) through Islamic law perspective

Susamto, Burhanuddin and Ruslan, Ros Amira binti Mohd (2019) Legal renewing of consumer protection (himâyah al-mustahlaki) through Islamic law perspective. Jurnal Al-‘Adalah, 16 (2). pp. 287-319. ISSN 0854-1272; 2614-171X5

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Abstract

Legal Renewing of Consumer Protection (Himâyah al-mustahlaki) Trough Islamic Law Perspective. Te purpose of this paper is to offer the concept of reforming consumer protection law (himâyah al-mustahlaki) through the perspective of Islamic law. To achieve this goal the author uses the integration of science as a method of analyzing from normative legal research by combining the statute and conceptual approaches. Although in the shari’a does not mention the term consumer directly, it contains principles that if carried out by business actors can provide protection to consumers. The potential loss inherent in consumers is generally divided into two, namely (1) Material losses (al-khasârah al-mâdiyah) both in the form of fnancial and non-fnancial assets; and (2) Humanity loss (al-khasârah al-insâniyah) both in the form of body and spirit. The overall potential loss needs to be accommodated in an integrated legislation to better guarantee legal certainty for consumers. Te implementation of consumer protection can be realized through preventive treatment through fostering awareness of business actors or repressive treatment through the1 enforcement of legal sanctions.

Item Type:	Journal Article
Keywords:	law; protection; consumer; Islam
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012799 Mu'amalah (Islamic Commercial & Contract Law) not elsewhere classified
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Dr. Burhanuddin Susamto, SHI, M.Hum
Date Deposited:	19 May 2020 11:26

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