مشروعية خيار الرؤية في الفقه الإسلامي

Abstract EN

The Option of inspection is one of the many options known in islamic jurisprudence, an option whose purpose is to avoid what may affect the contractor's satisfaction.

It also allows him an opportunity for deliberation and consultation in order to prevent what may expose him to remorse later.

This study attempts to shed light on an important investigation field of study of the option of inspection and the extent of its legitimacy.

In this context, we have adopted a linguistic definition as well as a termed one, besides showing the most important concepts involved.

Next, we have studied the proof source to the option of inspection to know if it is legal or subject to a conditioned legality.

After that we have limited the personal aspect of the inspection option field of action, we have also pointed out the owner's right to stick to the option, as we explained in terms of the physical scope of contracts, then we tackled the meaning of "to describe”.

Do we stick to the pure meaning of the verb or can we exceed this significance to that of a more general sense.

We have also studied the option of inspection in terms of timing, whether it is temporary and falls within a certain period, or it is life long.

The study also addressed the display doctrinal views on the legality of the option of inspection, and these views are summed up in three statements.

The First allows the option of inspection whether the absent object has been described or not, basing the contract validity only by mentioning orally that the described object was absent.

The second denies the option of inspection whether the absent object has been described or not, and therefore states as not valid a contract built on an absent object whether described or not.

The third legitimizes the option of inspection if based on a described object.

If the latter is absent the contract is not valid what so ever.

To illustrate these views, we have offered evidence of each team and tried to discuss, and have come out with some findings shown in the conclusion of this study.