Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law

Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law

The aim of this paper is to explore the Islamic law of muamalat as the tools of consumer protection in dealings with exclusion clauses. The underlying philosophy under the Malaysian law is that consumers are free to enter into contracts and therefore must take care of their own interest. This princi...

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Main Authors: Abu Bakar, Elistina, Amin, Naemah
Format: Article
Language:English
Published: Yayasan Dakwah Islamiah Malaysia 2015
Subjects:
KBP Islamic Law
Online Access:http://irep.iium.edu.my/50998/
http://irep.iium.edu.my/50998/
http://irep.iium.edu.my/50998/1/50998_Exclusion.pdf
id iium-50998
recordtype eprints
spelling iium-509982016-07-21T08:24:55Z http://irep.iium.edu.my/50998/ Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law Abu Bakar, Elistina Amin, Naemah KBP Islamic Law The aim of this paper is to explore the Islamic law of muamalat as the tools of consumer protection in dealings with exclusion clauses. The underlying philosophy under the Malaysian law is that consumers are free to enter into contracts and therefore must take care of their own interest. This principle, which is based on the assumption of equal bargaining power between parties, though, is not appropriate when consumers are involved. The law of contract, common law and the Consumer Protection Act 1999 are insufficient to tackle the issue of exclusion clauses. On the other hand, Islamic law has provided various principles that protect consumers. The discussion under Islamic law is made under three important issues which are the freedom of contract, contract of adhesion (aqd al-idham) and the sale of bara’a (absolution). Yayasan Dakwah Islamiah Malaysia 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/50998/1/50998_Exclusion.pdf Abu Bakar, Elistina and Amin, Naemah (2015) Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law. UMRAN Journal of Muslim Affairs, 1 (2). pp. 135-145. ISSN 2289-8654 http://www.yadim.com.my/v2/?p=24943
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KBP Islamic Law
spellingShingle KBP Islamic Law
Abu Bakar, Elistina
Amin, Naemah
Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
description The aim of this paper is to explore the Islamic law of muamalat as the tools of consumer protection in dealings with exclusion clauses. The underlying philosophy under the Malaysian law is that consumers are free to enter into contracts and therefore must take care of their own interest. This principle, which is based on the assumption of equal bargaining power between parties, though, is not appropriate when consumers are involved. The law of contract, common law and the Consumer Protection Act 1999 are insufficient to tackle the issue of exclusion clauses. On the other hand, Islamic law has provided various principles that protect consumers. The discussion under Islamic law is made under three important issues which are the freedom of contract, contract of adhesion (aqd al-idham) and the sale of bara’a (absolution).
format Article
author Abu Bakar, Elistina
Amin, Naemah
author_facet Abu Bakar, Elistina
Amin, Naemah
author_sort Abu Bakar, Elistina
title Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
title_short Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
title_full Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
title_fullStr Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
title_full_unstemmed Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law
title_sort exclusion clauses in standard form consumer contracts under malaysian and islamic law
publisher Yayasan Dakwah Islamiah Malaysia
publishDate 2015
url http://irep.iium.edu.my/50998/
http://irep.iium.edu.my/50998/
http://irep.iium.edu.my/50998/1/50998_Exclusion.pdf
first_indexed 2023-09-18T21:12:10Z
last_indexed 2023-09-18T21:12:10Z
_version_ 1777411325123624960

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