| dc.description.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. | en_US |
