AN APPRAISAL OF THE LEGAL AND INSTITUITIONAL FRAMEWORK FOR CONSUMER PROTECTION IN CLASSICAL ISLAMIC JURISPRUDENCE

Abstract

This paper provides a comprehensive appraisal of the legal and institutional framework for consumer protection as developed within classical Islamic jurisprudence. Grounded in the ethical and legal teachings of the Qurʾān and Sunnah, Islamic law embedded consumer protection within its broader objectives (Maqāṣid al-Sharīʿah), including the preservation of wealth, prevention of harm, and promotion of public welfare. Through a detailed examination of doctrinal foundations—such as the prohibitions of fraud (tadlīs), excessive uncertainty (gharar), and unjust enrichment—the paper demonstrated how Islamic jurists constructed a sophisticated legal infrastructure under Fiqh al-Muʿāmalāt to regulate market behaviour and uphold fairness in trade. The paper also explored the institutional role of the ḥisbah and its official, the muḥtasib, as a pivotal enforcement mechanism in the Islamic market system. Drawing on historical case studies, particularly the administration of Caliph ʿUmar ibn al-Khaṭṭāb, the paper illustrated how classical Islamic governance actively monitored market ethics, correct injustices, and protect consumer rights through a fusion of legal, moral, and administrative measures. In addition, the paper examined contemporary manifestations of the ḥisbah in countries such as Saudi Arabia, Malaysia, and Nigeria, and noted both parallels and divergences from the classical model. It found that while modern institutions often retained the moral oversight functions of the ḥisbah, their capacity to enforce consumer protection remained limited—particularly in jurisdictions such as Northern Nigeria, where ḥisbah agencies focused primarily on public morality rather than market regulation. Ultimately, the paper concluded that classical Islamic consumer protection principles could be meaningfully reintegrated into modern regulatory frameworks. It argued that the classical Islamic legal tradition offered not only a robust ethical foundation but also practical legal tools that were adaptable to contemporary consumer challenges—especially in light of globalization, digital commerce, and increasingly complex economic systems. This synthesis of tradition and modernity held significant potential for enhancing consumer protection in Muslim-majority societies.