خلاصه ماشینی:
CAVEAT EMPTOR VERSUS KHIYAR AL-'AYB Muhammad Masum Bil/ah It is an obligation in any commercial (sale-purchase) transaction that prior to entering into an agreement, the seller is to allow the buyer to inspect the goods, in order to ensure that they are free from any unknown defect Such an obligation on the seller is known· in common law as caveat emptor.
Hence, as I have already mentioned it earlier, the Islamic doctrine of khiyiir al-tayb ensures that the seller must give the buyer an opportunity to inspect the goods and the option whether to continue with the sale and purchase agreement or not, both before and after the conclusion of the said contract.
paved the way to the birth of 209 210 The American Journal of Islamic Social Sciences 14:2 a common law doctrine called caveat emptor' which gave the buyer the right to inspect the goods to be purchased to ensure that they are free from any hidden defect before entering into a binding sale and purchase agreement, Sir Josiah Child, in A New Discourse on Trade, made an observation in 1693 on the development process of this doctrine; he said that "no man can be cheated except it be with his own consent.
"9 It implies that the buyer is not supposed to be cheated in a sale and purchase contract because the common law doctrine of caveat emptor has given him full liberty, before concluding the said contract, to ensure that the goods to be sold are free from any unknown defect and meet his expectations.