Abstract

Objectives: This study examines the sale of expired products-particularly food and medicine-from Islamic juristic and legal perspectives, considering health, ethical, and social risks. It clarifies the Islamic ruling in terms of normative and consequential judgments and explains their impact on contract validity and consumer rights regarding defects of consent such as deception, inequity, and harm. It also outlines the Palestinian legal stance and the civil and criminal sanctions prescribed to ensure consumer protection and regulate commercial practices. Methods: The study employs a descriptive-analytical approach to examine juristic texts and defects of consent, clarifying both normative and consequential rulings on selling expired products. A comparative method is also used, contrasting Islamic jurisprudence, contemporary fatwas, and Palestinian law to outline civil, criminal, and tort liabilities in light of Sharī'ah objectives and modern justice. Conclusions: The study finds that selling expired products is prohibited in Islamic law and invalid in legal effect, as it involves deception, inequity, and harm. It obliges restitution and liability, with sanctions ranging from discretionary penalties to criminal responsibility, in line with Palestinian law. The study recommends stricter oversight, tougher sanctions, enhancing merchants' ethical responsibility, and adopting preventive measures to ensure food and drug safety and protect consumer rights.