الخصومة في دعوى الرد بالعيب: دراسة فقهية

Abstract EN

The sold item that is defect-free is a prerequisite condition for sales, since a defective commodity could affect the legal consent of the buyer.

This necessitates giving choice to the person for either accomplishing or terminating the contract.

However, this choice that makes the contract not binding may not be accepted by the seller because it involves devaluing his commodity leading to dispute between them.

With the current development of industry and the varied styles of building and construction along with specifications and measures of commodities and products, there has been a growing need of controlling the issues of dispute about returning commodities for defects to consolidate trust in transactions.

The paper discusses the ways of seller/buyer dispute about returning commodities for defects in two sections.

The first includes three subsections relating to dispute about the description, existence and manifestation of the defect.

The second has three subsections related to dispute about the awareness of the buyer, the way to return the commodity for defects, and reduction of price because of the defect.

All issues have been discussed in accordance with the transaction rules and the litigation principles in Islamic law.