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...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Yayasan Dakwah Islamiah Malaysia
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/50998/ http://irep.iium.edu.my/50998/1/50998_Exclusion.pdf |
| _version_ | 1848783764971323392 |
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| author | Abu Bakar, Elistina Amin, Naemah |
| author_facet | Abu Bakar, Elistina Amin, Naemah |
| author_sort | Abu Bakar, Elistina |
| building | IIUM Repository |
| collection | Online Access |
| 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). |
| first_indexed | 2025-11-14T16:26:33Z |
| format | Article |
| id | iium-50998 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:26:33Z |
| publishDate | 2015 |
| publisher | Yayasan Dakwah Islamiah Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |
| spellingShingle | KBP Islamic Law Abu Bakar, Elistina Amin, Naemah Exclusion clauses in standard form consumer contracts under Malaysian and Islamic law |
| title | 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_short | 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 |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/50998/ http://irep.iium.edu.my/50998/ http://irep.iium.edu.my/50998/1/50998_Exclusion.pdf |