The application of caveat emptor and caveat venditor doctrines from civil and Islamic perspectives
Since a long time ago, consumers have never been completely safe from exposure to the risk of purchasing defective products, which may cause an adverse effect on them. The introduction of the doctrines of caveat emptor and caveat venditor became a part of the common law to resolve disputes betwe...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2021
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| Online Access: | http://journalarticle.ukm.my/16690/1/44614-151943-1-PB.pdf http://journalarticle.ukm.my/16690/ https://ejournal.ukm.my/juum/issue/view/1378 |
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| Institution: | Universiti Kebangsaan Malaysia |
| Language: | English |
| Summary: | Since a long time ago, consumers have never been completely safe from exposure to the risk of purchasing defective
products, which may cause an adverse effect on them. The introduction of the doctrines of caveat emptor and caveat
venditor became a part of the common law to resolve disputes between manufacturers, sellers, and consumers. This
study therefore aims to analyze the application of the caveat emptor and caveat venditor doctrines according to civil
and Islamic perspectives to see how far the application of both doctrines can provide justice to consumers.
Utilizing doctrinal approach based on the methodology of qualitative legal research, this study involves in-depth
analysis of statutory provisions, court cases, Quranic texts, hadiths, and the opinions of Muslim scholars. The
research findings were analyzed through content analysis and critical analysis methods. This study has proven that
there are legal problems with regards to the application of the caveat emptor doctrine and its resulting negative
impact on consumers, thus leading to the formation of the caveat venditor doctrine. Although the term “caveat
venditor” and its definition are not expressly mentioned in the Qur’an and the hadiths, the application of the
doctrine is seen to have a strong foundation in Islam. The results of this study are expected to contribute significant
new knowledge in the field of consumer law since a comparative analysis of the application of both doctrines
according to civil and Islamic perspectives is still lacking, especially in cases involving the selling of defective
products. |
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