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Title: Consumer Rights and Responsibilities in Islamic Law: Implementation Challenges in Pakistan
Authors: Saqib Shahbaz, Nafees Ahmed Khan, Muhammad Waqar
Journal: Pakistan Journal of Law, Analysis and Wisdom
Publisher: Legalopedia educatinia pvt ltd
Country: Pakistan
Year: 2024
Volume: 3
Issue: 10
Language: English
Keywords: Consumer RightsIslamic LawShariah ComplianceImplementation ChallengesPakistanConsumer ProtectionLegal Frameworks
This comprehensive study examines the intricate relationship between Islamic law (Shariah) and consumer protection frameworks, with particular emphasis on implementation challenges in Pakistan. The research investigates how Islamic principles of consumer rights and responsibilities, deeply rooted in divine guidance, interact with modern market mechanisms and regulatory frameworks. Through extensive analysis of primary sources including legislative documents, court decisions, and regulatory guidelines, coupled with secondary literature review, this study reveals significant gaps between theoretical Islamic consumer protection principles and their practical implementation in Pakistan's market environment. The research identifies several critical challenges, including weak institutional capacity, limited enforcement mechanisms, and low consumer awareness, which hinder the effective implementation of Islamic consumer protection principles. The study demonstrates that while Pakistan's legal framework incorporates comprehensive Islamic principles through various mechanisms, including constitutional provisions and federal legislation, the practical application faces numerous obstacles. These include insufficient regulatory oversight, complex redress procedures, and limited institutional coordination between federal and provincial authorities. The findings indicate that successful implementation requires a multi-faceted approach encompassing legislative reforms, institutional strengthening, and enhanced consumer awareness programs. The research contributes significantly to the existing literature by providing empirical insights into the challenges of implementing Islamic consumer protection frameworks in contemporary markets. Furthermore, it offers practical recommendations for improving the effectiveness of consumer protection mechanisms while maintaining alignment with Shariah principles. This study's findings have important implications for policymakers, regulatory authorities, and other Islamic markets seeking to implement effective consumer protection frameworks that balance religious principles with modern market requirements.
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