خيار الرؤية و أدلة مشروعيته : دراسة مقارنة في الفقه الإسلامي

الملخص EN

The choice of the vision ( having a look) is a legal one and is an evidence for the contractor who did not see the thing which have contracted on in the time of writing the contract .

If the contract is built upon a previous vision or description but the later differ from what the contracted on has been described or what has been.

The contractor has the right to abrogate the contract.

Also the contractor has the right to hold on the contract legally and rightfully after seeing the contracted on which he has not seen before in the time of writing the contract or even described and whether the description is identical or differed from the previous vision.

The choice of having a look has a strong relation to idea of the absent sell.

The choice of having a look derives its legitimacy from the book ' ALSONA AND ALAGMAA' without the need to stipulated it .

because of the importance of this topic, it has been dealt with through a legal studies, in comparison with Islamic doctrine (jurisprudence) and some Civil legislation.

The first demand , the definition of the legal vision is done through two branches.

The first one is to define it linguistically.

And the second one to define it idiomatically.

The second demand is devoted to the study of the legality of the vision option.

It has been divided into two branches , the first one is the legality of vision in the Islamic doctrine (jurisprudence) and the second one the legality of having a look according to law.