Abstract
This article argues that the traditional principles of contract law and
negligence have limitations which prevent some persons injured by
defective products from relying on them as a means of redress. This
research paper analyses the application of strict product liability in
England through enactment of the Consumer Protection Act, 1987.
The background and need for the application of strict product liability
in England is highlighted in this regard. It has also looked into the
application of strict product liability in Islamic law. Moreover, in
order to check the status of English product liability law in the
perspective of Shariah, all the key notions of English strict product
liability regime that are contained in the Consumer Protection Act,
1987, have been analyzed in the light of Islamic law. The paper poses
important questions such as: what is meant by the notion of strict
product liability under English law? Which particular act was
enacted through which the EU Directive on product liability was
adopted in England? What is meant by ‘product’ in CPA and Islamic
law? What does defect mean and what are its various kinds under
CPA? How Islamic law deals with the notion of defect and its various
kinds? Who are the potential defendants under the CPA, 1987 and
what is the case in Islamic law? How to establish the link between the
harm caused and defective product in English law and Islamic law?
What is the time limitation under CPA, 1987 for product liability
cases and what is the case in Islamic law? These and many other
important questions have been tackled. Moreover, the article has
attempted to test compatibility of the English product liability regime
with the injunctions of Islamic law and the feasibility of the adoption
of the same in Islamic jurisdictions has also been checked.
Dr. Muhammad Akbar Khan , Dr.Hassan Usmani. (2018) A SHARIAH APPRAISAL OF UNITED KINGDOM’S STRICT PRODUCT LIABILITY REGIME, Al-Azhāar, Volume 4, Issue 1.
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