The Quality of goods and the rights of consumers under Malaysian law and Syariah

The rights of consumers with regard to quality of goods or products may be regarded as the very heart of consumer protection law. It is thus well recognised under the modern statutes as well as Islamic commercial law. Consumers generally are entitled to expect that the goods supplied to them have me...

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Main Author:	Amin, Naemah
Format:	Conference or Workshop Item
Language:	English
Published:	2011
Subjects:	K Law (General) KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/4274/ http://irep.iium.edu.my/4274/ http://irep.iium.edu.my/4274/1/8th_ASLI_CONFERENCE.pdf

id	iium-4274
recordtype	eprints
spelling	iium-42742012-02-09T05:28:41Z http://irep.iium.edu.my/4274/ The Quality of goods and the rights of consumers under Malaysian law and Syariah Amin, Naemah K Law (General) KBP1 Islamic law.Shariah.Fiqh The rights of consumers with regard to quality of goods or products may be regarded as the very heart of consumer protection law. It is thus well recognised under the modern statutes as well as Islamic commercial law. Consumers generally are entitled to expect that the goods supplied to them have measured up to certain standard of quality. However, in cases of product failure, the burden of proof is on a consumer to show the defective or unsatisfactory state of the good. The question then arises as to what criteria the standard of quality of goods can be assessed and determined. Can the quality be ascertained from the terms of the bargain per se? Another major issue in this regard relates to practical remedies available for consumers. Should they ask for rescission of the contract or just repair (make good of defective goods) or replacement? This paper aims to discuss consumers’ problems relating to sub-standard or low quality goods and the remedies available to them under the existing Malaysian law and Syariah. The main focus of this paper is of course the protection offers by the Malaysian Consumer Protection Act 1999 (hereinafter referred to as the CPA) and the doctrine of al-khiyar al-aib (option of defect) under Islamic law. 2011-05-26 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/4274/1/8th_ASLI_CONFERENCE.pdf Amin, Naemah (2011) The Quality of goods and the rights of consumers under Malaysian law and Syariah. In: 8th Asian Law Institute Conference (ASLI), 26th - 27th May 2011, Faculty of Law, Kyushu University, Fukoaka, Japan. (Unpublished) http://law.nus.edu.sg/asli/8th_asli_conf/pdf/8th_ASLI_Programme_and_panels.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP1 Islamic law.Shariah.Fiqh
spellingShingle	K Law (General) KBP1 Islamic law.Shariah.Fiqh Amin, Naemah The Quality of goods and the rights of consumers under Malaysian law and Syariah
description	The rights of consumers with regard to quality of goods or products may be regarded as the very heart of consumer protection law. It is thus well recognised under the modern statutes as well as Islamic commercial law. Consumers generally are entitled to expect that the goods supplied to them have measured up to certain standard of quality. However, in cases of product failure, the burden of proof is on a consumer to show the defective or unsatisfactory state of the good. The question then arises as to what criteria the standard of quality of goods can be assessed and determined. Can the quality be ascertained from the terms of the bargain per se? Another major issue in this regard relates to practical remedies available for consumers. Should they ask for rescission of the contract or just repair (make good of defective goods) or replacement? This paper aims to discuss consumers’ problems relating to sub-standard or low quality goods and the remedies available to them under the existing Malaysian law and Syariah. The main focus of this paper is of course the protection offers by the Malaysian Consumer Protection Act 1999 (hereinafter referred to as the CPA) and the doctrine of al-khiyar al-aib (option of defect) under Islamic law.
format	Conference or Workshop Item
author	Amin, Naemah
author_facet	Amin, Naemah
author_sort	Amin, Naemah
title	The Quality of goods and the rights of consumers under Malaysian law and Syariah
title_short	The Quality of goods and the rights of consumers under Malaysian law and Syariah
title_full	The Quality of goods and the rights of consumers under Malaysian law and Syariah
title_fullStr	The Quality of goods and the rights of consumers under Malaysian law and Syariah
title_full_unstemmed	The Quality of goods and the rights of consumers under Malaysian law and Syariah
title_sort	quality of goods and the rights of consumers under malaysian law and syariah
publishDate	2011
url	http://irep.iium.edu.my/4274/ http://irep.iium.edu.my/4274/ http://irep.iium.edu.my/4274/1/8th_ASLI_CONFERENCE.pdf
first_indexed	2023-09-18T20:12:27Z
last_indexed	2023-09-18T20:12:27Z
_version_	1777407568010805248

The Quality of goods and the rights of consumers under Malaysian law and Syariah

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