البيع بشرط البراء إلى العيب في الفقه الإسلامي و القانون المدني الأردني

الملخص EN

Sale contract has been considered in our communities as one of the most turning, most prevailing, most important and most closely associated with the people’s interests and ensuring their needs.

Often, contention happens on account of the discovered defects in sold products.

The option of the defect is given by Islam to the buyer in case he/she found an effective defect but with certain conditions.

The research will reflect a significant issue associated with this topic which is the validity of the condition of innocence of defect that spreads frequently in contemporary transactions.

Often, we find a written statement on the frontal of the markets saying that “any product, once sold, is non-returnable and non-refundable” which can mean that the modern products may have some hidden defects.

This condition does not mean that the seller is trying to damage the buyer or cheating on him/her as far as he wants to prevent the buyer from coming back and revoke the contract after fulfilling it.

Also, the research shows the dispute between the scholars with their opinions and evidence regarding this issue as well as reveal the most predominate opinion.