Analyzing the Jurisprudential Foundations of Warranty (ḍamān) in Damages Caused by the Use of Industrial Products with Standard Marks

Today, standards have been designed to protect people's health in the use of industrial goods; these standards indicate the quality of that product. The inclusion of the standard mark brings confidence to the consumer. However, we witness the sale and purchase of the above-mentioned mark and the damages that are inflicted upon the consumer thereby, or cause losses despite passing through the necessary tests. In this article, which has been conducted in a descriptive and analytical way, the conclusion has been reached that some jurists, regarding the product that has a standard mark inserted on it after undergoing various tests but, during consumption, it has caused loss of life and financial damage to the consumer, based on the lack of fault and non-transgression and excess on the part of the producer, according to lack of warranty maintain non-warrantee (adam-i ḍamān ); and others, based on jurisprudential principles such as Qur'anic verses and hadiths, and the principle of no harm (lāḍarar) of risk taking (ghurar), etc., have absolutely maintained warrantee (ḍamān), whether for the manufacturers of goods with a standard mark that has been inserted after various tests, or for the manufacturers of goods with a fake standard mark. It seems that since in the realization of the ḍamān, aggressiveness of the act or the fault of the perpetrator is not a condition; rather, the standard of ḍamān is merely citing the damage to its perpetrator, the second statement should be stronger.