Is it permissible to charge the company for the cost of repairing a defect in a product that has a one-year warranty, if the defect might be due to misuse by the buyer?
If the defect in the sold item is due to a flaw that existed before the contract and appeared after testing, then according to the more sound opinion of the Shafi'is and Abu Hanifa, it is the seller's responsibility. In this case, the right of return is established, and the buyer can reclaim the full price, or claim the arsh (compensation for the defect). However, if the defect occurred after possession and was not due to a pre-existing cause, the right of return is not established because the sold item has entered the buyer's responsibility, and the seller is not obligated to accept the defective item back. Nevertheless, if the seller willingly accepts the return of the defective item or repairs it without being compelled by the buyer, there is no harm, as long as Islamic law does not prohibit it, such as if the sold item has become intoxicants (alcohol).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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