Reconstructing Muslim Consumer Protection Norms Against Manipulative Practices in Digital Economic Transactions from the Perspective of Maqashid al-Shariah

Abstract

The development of digital economic transactions has provided greater convenience for consumers, but it has also given rise to manipulative practices through the design and mechanisms of digital transactions, such as dark patterns, false urgency, hidden costs, default options, and sneaking. These practices have the potential to influence consumers’ freedom of choice and cause harm to Muslim consumers. This study aims to analyse the limitations of consumer protection norms in addressing manipulative practices and to reconstruct Muslim consumer protection norms based on Maqashid al-Shariah. This study employs a normative legal research method using statutory, conceptual, comparative, and philosophical-religious approaches. The analysis is conducted through the identification of existing norms, mapping regulatory gaps, examining them against the principles of Maqashid al-Shariah, and formulating ideal norms. The findings indicate that consumer protection regulations have not specifically anticipated manipulation through digital design, particularly in relation to transparency, autonomy, and consumers’ freedom to make decisions. The principles of hifz al-mal, al-'adl, maslahah, and 'an taradin, together with the prevention of gharar and tadlis, provide the foundation for reconstructing the relevant norms. The reconstruction is directed towards strengthening digital transparency, prohibiting manipulative designs, guaranteeing freedom of choice, enhancing platform accountability, and establishing preventive supervision.