التطبيقات القضائية لخيار العيب دراسة فقهية

عنوان المقالة [English]

Judicial applications of the defect option a jurisprudential study.

المؤلفون [English]

Dr. Abdullah bin Saleh Al-Saif .

Faculty Member, Department of Islamic Studies The path of jurisprudence and its origins College of Education, King Saud University, Kingdom of Saudi Arabia.

المستخلص [English]

Abstract:

This study is concerned with studying a number of judicial applications related to the option of defect, which is considered as a deficiency that mores secures the commodity should be free of this defect, as well as intending to show the compatibility or not of these provisions with the Hanbali scholars assessment. The results of the study include that the unnecessary of returning the slight defect sold commodity, when Annulling under significant defect commodity, the buyer returns the commodity in addition to paying some money against using the commodity.

Defect - option - annulment – fraud

Dr.. Abdullah bin Saleh El Seif

Member of the Faculty of Islamic Studies, Nasar al-Fiqh and its origins

Research plan:

It includes: an introduction, an introductory chapter, seven chapters and a conclusion.

Introduction: It includes: presenting the topic, its importance and reasons for choosing it, its objectives, previous studies, research method, procedures, and plan.

 Introductory topic: Defining the defect option and the wisdom of it, and it has three demands:

The first requirement: the definition of choice.

The second requirement: the definition of the defect.

The third requirement: the wisdom of establishing the defect option in Islamic Sharia.

The first topic: the defect officer.

The second topic: the right of option if the buyer used the sale for a period of time, then a defect appeared to him that necessitated its annulment.

The third topic: the right of option if the sale is defective immediately after purchase.

The fourth topic: the method of calculating the shortage.

The fifth topic: the right of option if the buyer knew about the defect before the transaction.

The sixth topic: The right to request rescission if the commodity is used after knowledge of the defect.

The seventh topic: The right to demand compensation in the event of use or disposal of the commodity after knowledge of the defect.

Conclusion, including the search results.

الکلمات الرئيسية [English]

(Defect) (option - annulment) (bribery) (fraud) (Islamic law) (buying and selling) (preserving rights).