2018 Volume 3 Issue 2 Supplementary
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LEGAL NATURE AND EFFECTS OF CONSUMER GOODS GAURANTEE


Samaneh FEYZI AFSHAR, Mehdi AGHAPOUR*
Abstract

Goods gaurantee is of specific significance in trade and its type and duration plays a remarkable role in the client’s decision as regards purchasing the goods. In many countries’ statutes and legal procedure, it is stipulated that the seller is responsible for the safety and soundness of the good before its delivery. Although gaurantee is not clearly discussed in jurisprudential texts in an independent form, it was always one of the issues that had been dealt with under the title of Dhiman (gauranty) by Muslim scholars and jurists since the very dawn of Islamic jurisprudence. The necessity of satisfaction of the costumer or consumer who buys the good is the reciprocal concern of the producer and purchaser that aims at increasing the profit. Muslim legal scholars and jurists express various ideas regarding costumer supporting rules from an Islamic point of view all of which are discussed under the general title of guaranty – that is the closest issue to the modern issue of gauranty. The jurisprudential and legal debates all endorse that the buyer or the one who is subject to the guarantee has the right to terminate the trade due to the existing complications and oppositely the man who provides the guarantee is liable to fix or change the sold piece and compensate the possible loss and damages.


Issue 2 Volume 11 - 2026