خيار الرؤية في الفقه الإسلامي

الملخص EN

After reviewing this research, I cannot helpbut stand on some of what can be concluded, which is as follows: The fuqaha 'differed as to establishing thechoice of vision into three sayings betweenproven without a condition and betweenproven if it was stipulated in the contractand between those who denied it, whetherit was stipulated in the contract or not.

What is meant by seeing is knowledge ofwhat is meant, such as the face of a human, the face of an animal and its back, andseeing the garment folded and the like.

The option of vision is proven in the salescontract, as well as in the contract of warm, sulh, division and Istisna.

، The choice of vision is a fixed right for thebuyer.

As for the seller, when the choice isestablished, he has a difference of opinionamong the jurists.

The jurists disappeared during the period oftime for the duration of this option.

I havethe opinion of the owners of the saying thatit was established temporarily until the endof the possibility of annulment after seeing, even if he saw it and he could annul it, andif it is annulled, his choice has fallen.

The jurists differed about the possibilityof terminating the contract before seeing, saying it is permissible and saying that it isforbidden.

The owners have preferred to saythat the contract can be terminated beforethe choice of vision, because the contract isnot necessary when the option is in place.

The visibility option does not fall by explicitprojection, the buyer said: I dropped mychoice neither before nor after seeing.

The choice of vision is invalidated by actingand it is of two types: the first is nullifiedbefore and after the vision, which is an actthat cannot be lifted, such as emancipationand the like, and the second type is an actionthat does not nullify it before the vision andnullifies it after it, which is an act that doesnot require a right to others, such as sellingon the condition of the choice for itself, bargaining and the gift without delivery.

The jurists differed regarding the possibilityof the choice of vision being transferredto the heirs of the deceased to two views.

Some of them are permissible to transferthe choice to the heirs, and some of themare not permissible.

The opinion of theproponents is more likely to say that thisright can be inherited.