Measures of the Principle of Good Faith in European Consumer Protection and Islamic Law, a Comparative Analysis

Abstract

Evaluation of the success of consumer protection regulations in many Islamic states reflects defeated outcomes with regard to the application of many declared rights and objectives; it requires the fair implementation of the principle of good faith where clear and specific measures are required. It would be better for Muslim lawmakers to benefit from the European practice and Islamic guidelines; those criteria and measures are provided in the European Proposal of Consumer Rights (the Proposal). The Proposal provides that “A term is off in conjunction with this principle since it creates a significant imbalance of rights and obligations between the contracting parties”. Clear common used terms are provided in the lists of the Proposal. This voice is also well known in Islamic law; contracts of honesty (amāna) and rules of disproportion between the contradictable interests indicate this implementation.

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