خيار الغب وتطبيقاته المعاصرة

Abstract EN

The obvious wisdom of the legitimacy of choice in selling is to remove harm on the contractors.

The type of harm that Shari'ah has removed is fraud in the contract, causing the buyer or seller being extraordinarily wronged in the commodity, which prevents achieving satisfaction in the sale.

The identification of fraud is carried out with reference to convention and estimation by experts in the field such as business people and the like, because all that has not been dealt with by Shari'ah, will be determined by convention and habit.

If the fraud is minor, it does not affect the validity of the transaction, because the transactions of the Muslims are often not free of it.

But if it is grave, then it is unlawful (haram), since it is unfair and deceptive to the buyer who has the right to undo the contract.

The research shows the types of injustice that prove the choice, paying attention to the contemporary types that conform to what was mentioned by previous jurisprudents.

It also shows the cases in which the fraud option is not founded.