Islamic State and Consumer Protection

Islamic State and Consumer Protection

Muhammad Akbar Khan^[1]

Abstract:

Consumers, by definition, include us all. Human beings are consumers by default as consumption is basic to human survival and sustenance. Today almost all the developed countries have promulgated laws related to the protection of consumers. Consumer policy and legislation in any country is considered to be the government’s commitment towards protection of consumer interests. It is important therefore to understand about the role that can be played by Islamic State in the cause of consumer protection. The research paper is aimed to explore the role of Islamic State and its institutions in consumer protection. This paper traces the importance of consumer protection in an Islamic State. It also analyses the efficacy and effectiveness of the institution of Hisba in the protection of consumers' rights and prevention of unfair trade practices.

Keywords: Islamic State, Consumer Rights, Consumer Protection, and Hisba.

A. Introduction:

The Islamic State is united under the leadership of one ruler known as khalifa or Amir al- Muminin in compliance with the clear injunctions of the Qur’an and the Sunnah. Absolute, real, or legal sovereignty belongs to Allah (S.W.T.). It is reposed in the will of Allah (S.W.T.) as understood from the Shariah. The Shariah, politically, is the ideal constitution of the Islamic State. The Muslim community- represented by the consensus of the people (Ijma ‘al-Ummah)-accepts the position of Allah (S.W.T.)’s vicegerent (khilafa) on earth. In this derivative sense it enjoys the attributes of sovereignty and self­determination. The vicegerency of Muslim community entrusts them the responsibility to identify the Shariah from its sources and implement it empirically. The Shariah, as the repository of actual sovereignty and the ideal constitution, is inviolable. The Islamic substantive law (fiqh)-comprising the legislation, administrative rules and judicial interpretations should not contravene the Shariah constitution and statutory codes.^[2] Decision-making in all communal affairs shall be made by mutual consultation and consensus. The aim of Islam is social justice ‘by establishing what is right and forbidding what is wrong’.^[3] But who wills the end must will the means. As Imam Ibn Taimiyya (d. AH 728/AD 1328) pointed out: ‘to govern the affairs of men is one of the most important requirements of the Religion that is Islam, nay, without it religion cannot endure. The duty of commanding well and forbidding the evil cannot be completely discharged without power and authority.^[4] Without the Islamic state, it is not possible to realize the ideals of Islamic socio-political and economic justice; implement Islamic law; establish the Islamic system of education; and defend Islamic civilization against domestic perversions and foreign aggression.

Islam’s promises as the guide for man’s happiness in this world and the Hereafter would not be true. The Islamic state is, therefore, ‘an effort to realize the spiritual in human organization’.^[5] It was applied during the administration of the first four successors of the Prophet Muhammad, appropriately called the rightly guided Caliphs. For example, Caliph Umar (AH 13-23/AD 634-644) inaugurated a universal social insurance scheme on the basis of a regular population census taken by a specially created government department.^[6] From the very beginning of the Muslim state, great care was taken to see that merchants and dealers used proper weights and measures. Of all the pious Khalifahs 'Ali was most particular about it. He used to go around the market of al -Kufah, whip in hand, to see that proper weights and measures were used and no one cheated anyone else. Under the Umayyads police officers were in charge of the supervision of weights and measures.^[7] It is also duty of the Islamic state to dispense justice free of cost. Hence it is not supposed to impose any stamp duty or court fee on those who seek to redress the injustice done to them through the courts.^[8] It may be added that the Islamic state is subject to the same code of law and morality as the public at large. Therefore it should not do anything, which is not compatible with the spirit of Islam, including its economic guidelines. It should not leave the state -lands uncultivated or the state funds to lay idle i. e. without being invested in trade and commerce. Umer Ibn al Khattab was very particular about these matters.^[9] It is not our concern to discuss here the form of government that Islam has advocated but the role of Islamic State in the protection of consumers' interests.

B. Islamic State and Consumer Protection

The Muslim legal philosophers have emphasized the following fundamental freedoms or rights in respect of every individual. These are: Preservation and Protection of religion, human life, and progeny, human honor or dignity (ird), Intellect, and wealth.^[10] Thus, everything, which helps realize these objectives, is necessary/mandatory (daruriah). It has been made an obligatory duty of the Islamic State to protect all these rights or freedoms. The following duties can be seen:

1. Every Muslim community must establish Din in accordance with the first purpose of the Shariah.
2. It must ensure the safety and welfare of all human beings under its governance. This is done by providing all means of sustenance and shelter in accordance with the second purpose of Shariah.
3. The state must establish conditions for a sound family system in accordance with the dictates of the Shariah and requirements of the third objective.
4. It is the duty of the state to provide conditions for the growth of healthy minds. The only way this can be done is by providing freedom of expression and a sound and universal education. This is how the forth objective will be attained.
5. Finally, the state must also ensure the economic well being of the community as a whole. In addition to this, the wealth of the community is to be used to implement the first four goals.

All these duties must be accomplished in the listed order of priority, as required by the structure of the Maqasidn Here, we shall mention some of the duties of the Islamic state relating to protection of the right of acquisition and ownership of wealth and property.

1. An individual’s right against his society is to provide him with the opportunity to work. Therefore, the foremost duty of the Islamic State is to provide employment to every able­bodied and willing person.
2. The foremost duties of the Islamic state are to establish and enforce the system of zakat as it was during the period of the prophet (s.a.w.s) and the Rashidun Caliphs.^{[11] [12]}
3. The Qu’ran has enjoined the duty of ai-amr bi al-ma ruf wa al-nahy ‘an al-munkar (enjoining of good and prohibition of evil). This duty is to be carried out by the state officials as well as by the competent persons from the general public.
4. The Prophet (s.a.w.s) used to supervise and investigate the dealings of his governors and other officials. Therefore, it is the duty of the Islamic state to supervise and investigate the dealings of the government officials.

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^[1] Muhammad Akbar Khan is a lecturer in law and PhD Scholar at the Faculty of Shariah & Law, International Islamic University, and Islamabad.

^[2] A.A.Maudoodi, HistoryofMuslim Philosophy, 1:191-4

^[3] Qur'an, 3:103,109,113; 9:71,112; 22:41; 31:17.

^[4] E.I.J. Rosenthal, Political Thought in Medieval Islam (Cambridge: Cambridge Univ.Press, 1958), p.53; cf. Ibn Khalun, Muqaddimah, 1:322-27; See also S.Waqar Ahmad Husaini, Islamic Enviromental Systems Engineering, p.92.

^[5] Waqar Ahmad Husaini, Islamic Enviromental Systems Engineering, p.92

^[6] S.Qutb, Social Justice in Islam, pp.175-97, 87-99

^[7] S.Abdul Qadir Hussaini, ArabAdministration (Lahore: Sh.Muhammad Ashraf, 1966), p.101

^[8] S.M.Yusuf, Economic Justice in Islam,p.68; See also Mushtaq Ahmad, Business Ethics in Islam,p.133

^[9] Mushtaq Ahmad, Business Ethics in Islam,p.133

^[10] Shatibi, Al-Muwafaqat, vol.2, pp.4-5

^[11] Nyazee, Imran Ahsan khan, Outlines oflslamic Jurisprudence, 232-33.

^[12] Jassas, Ahkam ul Quran, v.3, p. 190 On the basis of Qur'anic injunctions contain in verse 22:41; See also Mushtaq Ahmad, Business Ethics in lslam,p.131