خيار العيب في البيع عند المذاهب الأربعة

Abstract EN

The issue of the option of defect is one of the most important issues that has begun to preserve the rights of contractors from fraud and deception, so jurists were keen to alert them to their books.

The research began by explaining the vocabulary and explained what was meant by the option of defect in the four doctrines, and then mentioned the chosen definition of the option as well as the option of defect, with an example explaining what was meant, and then mentioned the legislative wisdom of the defect option, where it seeks satisfaction among contractors, the safety of the sales, and then mentioned the sections of the defect option in both types; The controversial issues were then presented in the hidden flaws, the words of doctrinal doctrines and their discussion, and then touched on the identification of the option of defect and its impact on the legitimacy of the contract, and what implications it had when it was achieved.

The terms of the sale's response also mentioned the defect in the four doctrines, and concluded the research on the reasons for the conditions of the option of defect and its termination, with the results and recommendations mentioned.

Curriculum: In this research, I followed the descriptive, analytical, comparative approach.

Results: 1.

The statement of the choice of defect, the wisdom of the legislation in doing so, and the right of those who are disabled to obtain their right.

2.

Enumerating the types of defect with which it is permissible to claim the option of defect.

3.The seller must be informed of the defect and not to require a patent.

4.

When the defect in the item exists, the buyer is entitled to claim and return the defect option, and the seller's consent is not required in this photograph.

5.

If the buyer learns of the defect, the defect option must be claimed immediately, and it should not be delayed.

6.

Statement of cases in which the defect option falls and ends.

As for the recommendations, I recommend a variety of study of the topics of financial transactions that show through the purposes of sharia how the wise street balanced the seller and the buyer, and made each of them rights and duties to be observed and worked out.

Recommendations: 1.The need for a variety of study of financial issues should be varied.

2.

Encourage studies showing the rights of contractors and their insight into their legitimate rights