تنظيم خيار الرؤية بين القانون الوضعي والشريعة الاسلامية

Abstract

Summary

The inspection is one of the legitimate options which will be fixed in favor of the contract party who did not inspect the items of the contract, thus the purchaser party entitled to cancel the contract, or that is possible upon the inspection of the sold materials, on condition that the purchaser did not see it before, the choice will be stated in the favor of purchaser party in order not to lose his rights. The inspection choice is written in contracts that cannot be annulled, this annulment neither depending on the knowledge of judicial decision, nor on consent of the vendor.

 And apparently such right in annulment is different from annulment right known in the modern laws, which Foretells of Islamic Law (Fiqh Al Islami), because the modern laws do not know except annulment arranged from honesty inclination. Or breach of obligation or realize the annulment term, the civil Iraqi law took its texts related to inspection choice from Islamic law and in particularly from (Hanafi Doctrine).This was the incentive behind for my research choice and comparing descriptive law with Islamic law concerning inspection choice, in our study it became clear that legislator imposed the purchase's knowledge terms about the purchases with enough knowledge , and this can be realized by physical inspection of the contract items .In the research I discussed  the ideas of Islamic doctrines affected by the choice and comparison with civil law and how to prove inspection choice of the buyer and Legal consequences and identify them ,on the buyer's status without the seller .