Back to search

Is the factory owner obliged to re-produce the merchandise previously agreed upon, with the customer paying the remaining amount, or should the customer pay the remaining amount and receive nothing due to the damage to the merchandise and his delay in collecting it?

1 min readAlso available in العربية

The aforementioned contract is a manufacturing contract (Istisna'a), and the manufacturer is responsible for the product because the customer was unable to take possession due to the presence of armed individuals in his area. The maker's liability is discharged upon delivery of the manufactured item or by enabling the customer to take possession of it. Constructive possession is permissible for delivery. If, after enablement, damage occurs that is not due to the maker's transgression or negligence, the customer bears the responsibility. If the customer refrains from taking possession without a valid reason after being enabled to do so, the item becomes a trust in the maker's hand, and he is not liable for it except in cases of transgression or negligence. Since the customer was unable to take possession due to the armed individuals, the manufacturer remains responsible for the product unless the customer agrees to waive his right. The manufacturer has the right to seek out the aggressors and demand compensation from them.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy