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Consumer Rights: Part 4

Consumer Rights in the Holy Quran

Protecting consumers from malpractices of traders and commercial organizations is an important responsibility of any and every government or state. The Noble Qur’an has laid down the basic structure of consumer protection some 1,400 years ago which are as valid today as they were during the golden age of the Prophet ﷺ and the rightly guided caliphs. The Holy Qur’an categorically denounces all unfair means of trade and business dealings as seen in Surah An-Nisa:

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ إِلَّآ أَن تَكُونَ تِجَٰرَةً عَن تَرَاضٍ مِّنكُمْ ۚ وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًا

“O believers! Do not consume one another’s wealth through unlawful means; instead, do business with mutual consent; do not kill yourselves (by adopting unlawful means). Indeed Allah is Merciful to you.” (Qur’an, 4:29)

In relating this to the present day problems that plague consumers, it is evident that in a contractual relationship between a supplier of goods and the customer, the terms and conditions in the contract should be clear and be able to determine the rights and liabilities of the parties. Hence, a clear unfairness occurs when there exists a standard contract with exemption clauses which have the effect of limiting or exempting a party or his company from certain liabilities. Since the contract is prepared by the supplier or his agents, there is a tendency to include the terms which are more favourable to them. On the other hand, the effect of such terms may be unfair to the consumers who have no power to alter, modify or even to negotiate the terms. This is clearly prohibited in Islam.

Surah Mutaffifin prohibits all kinds of mischiefs by traders including misrepresentation, adulteration and fraudulent products collectively called as ‘Tatfeef’:

وَإِذَا كَالُوهُمْ أَو وَّزَنُوهُمْ يُخْسِرُونَ ٱلَّذِينَ إِذَا ٱكْتَالُوا۟ عَلَى ٱلنَّاسِ يَسْتَوْفُونَ وَيْلٌ لِّلْمُطَفِّفِينَ

 “Woe to those that deal in fraud; those who when they take a measure from people, take in full. But when they have to give by measure or weight to them, give less than due.” (Qur’an, 83: 1-3)

With regards to correct weight and measurement, the glorious Qur’an very beautifully says in Surah Rahman:

وَأَقِيمُوا۟ ٱلْوَزْنَ بِٱلْقِسْطِ وَلَا تُخْسِرُوا۟ ٱلْمِيزَانَ

“So establish weight with justice and fall not short in the balance.” (Qur’an, 55: 9)

A man should be honest and straight in every daily matter, such as weighing out things which he is selling: and he should be straight, just and honest, in all the highest dealings, not only with other people, but with himself and in his obedience to Allah’s Law. Not many do either the one or the other when they have an opportunity of deceit. Justice is the central virtue, and the avoidance of both excess and defect in conduct keeps the human world balanced.

Hadhrat Abdullah bin Abbas (RA) reports that Rasulullah ﷺ said, “Five things are given in exchange for five things.” When the Sahaabah (RA) inquired about the meaning thereof, Nabi ﷺ said: “Whenever a nation breaks its agreements Allah Ta`ala causes their enemies to overpower them; whenever a nation rules by any law other than that which Allah has revealed, need and poverty will become common; whenever the evil of immorality and permissiveness (fornication and adultery) become widespread in a people, Allah causes plagues and epidemics to afflict them; whenever a nation cheats others by giving short measure, Allah destroys their wealth and causes famine and starvation to overcome them; and when a nation is lax in the discharging of Zakaah, Allah causes the rains to be withheld from them.”

People of Madyan were subjected to Allah’s retribution and were destroyed by thunderbolts and fire from the sky as they used to cheat people in different ways and did not listen to Allah’s messenger Shoaib (AS), who warned them not to manipulate the scale.

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