Pertanggungjawaban Penjual terhadap Barang yang Cacat ditinjau dari Aspek Hukum Islam

Abstract

Islam is a system as well as a way of life. As a way of life, the teaching of Islam consists of the rules including all facets of human. life. One of the facets of human life which is regulated by Islam is the problem of trade especially if the product traded has a physical defect. There are several different opinion developed by several schools concerning this problem. The problems in this study are concerning the form of legal protection given to the buyer,. the sellers' responsibility for the defective product they sold, and the attempts don't to anticipate the incident of defective product trading according to the aspect of Islamic law. This analytical descriptive study employee the nonnative legal research method and the data used in this study were obtained from interviews and library research. Based on the result of this study, it was found out that the form of legal protection for the buyer buying the defective product has been regulated in Al-Quran, Al-Hadits, and Ijma' Ulama saying that Islam, only allows the halal (legal) trade not the illegal trade. In the process of trading,· we must follow the terms and condition applied and in the process of agreement making there must be no defect that can damage the agreement such as making the agreement under force, mistakes, cheating or forgery and deceit. The responsibility of the sellers for the defective product they sold, according to Islamic law, are still different in the opinions of the Islamic scholars under the four schools such as Malikiyyah, Hanafiyah, Syafiiyyah and Hanabilah. The difference of opinions in the Islamic scholars in determining the law of trade with the condition that the product must be free from defect will cause a different legal consequence. To the Islamic scholars wh9 allow the trade with the condition of being free from all defects such as Imam Abu Hanifah said that the consequence is that the product bought cannot be returned whether or not the defect is known or not known and the product traded is general or specific. To the Islamic scholars who d-0 not allow the trade with the condition that the product must be free from all kinds of defect such as Ibn Hazm and Ahmad bin Hambal, the consequence is that the buyer may return all of the product bought. The attempt to anticipate the incident of trading the defective product can be done by either the seller or the buyer. The seller must apply the principle of 'transparency to ·the buyer and highly respect honesty and mutual help. The buyer must also be careful in buying the product by checking the product before buying it.