The ultimate physical outcomes of compliance with halal requirements in Islamic production are high quality and safe products. The producers or suppliers, who claim that their products are halal but in actual fact are not halal, are subject to criminal sanctions under relevant laws in Malaysia. The question arises as to whether the producers of non-halal products can also be liable for physical or emotional injury caused to the victims of such products. This paper aims to explore the potential liability of the producer and supplier of false halal products under the product liability law which generally concerns with providing protection to consumers against unsafe products. The paper specifically examines the provisions of strict liability for defective products under Part X of Consumer Protection Act 1999 (CPA). The main questions to be answered are whether non-halal products can be considered as 'defective' and what kind of injury can be recovered by the victims. The findings of this study provide insights to producers and suppliers on the civil liability for supplying supposedly halal products and recognition of consumer right of redress for injury caused by non-halal products.
An efficient, inexpensive and informal redress machinery is indeed essential for attaining consumer protection. In this respect the ordinary court system in Malaysia is generally perceived to be unable to satisfy consumers’ needs. Thus the establishment of the Tribunal for Consumer Claims in 1999 and the Tribunal for Homebuyer Claims in 2002 may be considered as two major landmarks in the development of consumer protection law in Malaysia. It is the aim of this paper to examine the current status of these two Tribunals, which shares many common features save for the jurisdiction. Although records show that the Tribunals have received tremendous response from consumers in Malaysia, there are yet many improvements to be made. In addition this paper examines the challenges faced by the Tribunals in the course of offering an informal, faster and cheaper procedure to consumers. Some of these major challenges are enforcement of the Tribunals judgement, accessibility, publicity and judicial review.
The Consumer Protection Act 1999 (CPA) that came into force on 15 November 1999 represents a milestone in consumer protection in Malaysia.1 It has several important provisions, some of which are more beneficial than those found in the law of contract and law of tort since its objective is specifically to protect the interest of consumers. The statute is applicable to both goods and services but the provisions on services are very important because previously the laws regulating the supply of services seem to be left behind compared to those regulating goods. The aim of this paper is to examine the relevant provisions of the CPA and make a comparative study with the protection available under the Islamic law of muʿāmalāt. The central discussions are on section 53, section 54 and Part IX of the CPA since they deal specifically with the supply of services. The liabilities of the service providers are scrutinised as well as consumers’ rights of redress
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