Risk Liability for Quality of Goods in Distributor–Reseller Transactions of Imported Fruit: A Case Study from the Perspective of Mabī’ in Bay’ al-Musāwamah at Saban Rasa Fruit Shop

Abstract

Commercial practices in Islam require the fulfilment of the principles of justice, clarity regarding the object of the transaction (mabi’), and certainty regarding liability for the risk of damage to goods. The reality on the ground reveals a discrepancy with these principles, particularly in the distribution of imported fruit between distributors where there is no clear agreement regarding liability for risk. The novelty of this research lies in an integrative analysis of modern distribution practices for perishable commodities from the perspective of fiqh al-muamalah. This topic has hitherto been discussed only in conceptual terms. This study employs a qualitative approach that combines empirical legal research with normative analysis. Data were collected through interviews and direct field observations, supported by a review of the relevant literature on fiqh al-muamalah. The analysis is descriptive, assessing the alignment of existing practices with the principles of Islamic law. The findings indicate that the mechanism of weight reduction as compensation for damage does not fully reflect the principle of justice in Islam, as it is not based on the clarity of the contract and a definite proportion of liability. From the perspective of mabi’ in bay’ al-musāwamah, responsibility for the quality of the goods should remain with the party causing the damage until a valid handover takes place. Current practices reflect custom (‘urf) rather than ideal normative provisions.