A glance at unfair terms in consumer transactions in Arab legal systems and Islamic law: what Arab lawyers can learn from the European experience?. (1st January 2012)

• Record Type: Journal Article
• Authors: Fayyad, Mahmoud
• Is Part Of: International journal of private law. Volume 5:Number 2(2012)
• Page Start: 200
• Page End: 227
• Publication Date: 2012-01-01
• Subjects: unfair contract terms -- Islamic law -- consumer protection -- unfair terms -- consumer in private law -- consumer protection in Islam -- consumer in Arab law -- the proposal of consumer rights; Civil law -- Periodicals; 346.005
• Languages: English
• ISSNs: 1753-6235

Abstract

The first decade of the 21st century demonstrated significant legal activities in the area of consumer protection in many Arab legal systems. The declared objectives require breaking down the use of unfair terms in market transactions. Islamic law, a legal base of these legal systems, provides many guidelines and general rules that can, directly and indirectly, get over the use of these terms. This paper will discuss the issue of to what the extent the rules of Arab regulations deal with the use of unfair terms in consumer transactions. It will compare it with the European Directive on Unfair Terms in consumer contracts and determine how the Directive can be adopted by the Arab countries without violating the general principles of Islamic law. To recommend the implementation of the European measures in Arab legal systems, it is important to detect the supporting and contradicting points in the Arab legal systems, including Islamic rules.