PROTECTION OF CONSUMER IN THE SALE OF DEFECTIVE GOODS IN ISLAMIC LAW

Abstract The concepts of consumer and consumer protection find their genesis in Islamic and other law systems since 19th century. In Fiqh, there are various provisions to protect buyer in from losses that may emerge from the contract commercial relations such as purchase and sale or rent. Those provisions can be guiding in the studies for consumer protection. In Islamic law, the first provision to protect the buyer from losses as a result of contracts is right of option. Option of defect is a right for the buyer to return the purchased goods to the seller and accepting whole amount or if returning of the goods is not possible, then receiving the portion which equals to the defect cost. A defect, as a feature that reduce the value of goods and that does not fit for purpose grants the rightholder the right to accept or reject the contract. In case of impossibility of return of goods, a discount is made on the amount in return for the defect. In Islamic law, even though releasing the seller from defects of goods is valid, there are different views on its scope. Release from defects and additional defects caused by the buyer prevents returning goods to the seller. Khiyar al –‘Aib (option of defect) forfeits in cases where the consent of the buyer to the defect is observe