A SHARIAH APPRAISAL OF UNITED KINGDOM’S STRICT PRODUCT LIABILITY REGIME

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.