Abstract
This research paper expounds the emerging legal concept of „product liability‟ from the perspective of Islamic law of torts. In the developed jurisdictions of the world today the tort regime is considered as one of the most adequate regime to ensure remedy to the affected consumers by defective products especially in cases where there is no contractual relationship between producer of a product and consumer of a defective product, the manufacturer’s liability to the consumer would be based on torts for damages and injuries caused by defective products. It is, therefore, need of the hour to understand Islamic law of torts in the context of product liability as Islamic law is a direct or indirect source of laws in contemporary Muslim states. The basis, nature and salient features of the Islamic law of torts have thoroughly been explained in the context of product liability. In this regard the author has frequently quotes from the classical fiqh literature. The research paper evaluates the role that Islamic law of torts can play in protecting consumers against defective products in the era scientific advancement. The paper has thoroughly analyzed the issue that in such cases whether the liability is fault-based in Islamic law of torts or otherwise. Moreover, the key notions, on which the modern tort regimes of product liability are based in the developed countries, such as the notion of product, producer, defect, potential claimants, potential defendants, causation, damage, and time limitation etc. are thoroughly analyzed in the perspective of Islamic law of torts. The chapter also addresses the issue that whether or not the Islamic law distinguishes between the contractual and tortuous remedies. It has also discussed that in case a statutory duty is breached whether or not any tortuous liability may arise under the Islamic law of torts. These and many other important issues have been raised in order to analyze the modern notion of „product liability‟ in Islamic law of torts.
Keyword(s)
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