ضمان المبيع مدة خيار الشرط وأثره في الملكية : دراسة فقهية تحليلية

Abstract

This research aims to indicate the provisions of sales warranty in the period of option of stipulation and its impact on property ownership. It explores the impact of the survival of warranty in the edema (ذمة)of the seller. This study was conducted using jurisprudential analytical study. In addition to that, the researcher pursued idiosyncratic analytical method by refering to doctrinal heritage books that deal with this subject as well as the writings of contemporary resources relying on forensic evidence from the Quran and Sunnah. This study deals with this dilemma, which stirrs controversy among Muslim scholars about the extent of the seller's responsibility during the warranty period by using the principles of Islamic finance. Moreover, the study wants to ascertain ways which people use in the transfer of ownership of the sold items. The study wants to explore the following questions regarding the warranty: Would the seller hold absolute or partial responsiblity? Deos the ownership of the seller still remain in the existence of a warranty? What about the sold item which has been handed over to the buyer? May the ownership transfer to the buyer as soon as the contract occurs? There are many different opinions among Islamic scholars regarding guarantee of sales in the option of the condition contract. The disput is about who is responsible of sales of escrow in the event of sales damage. The fundamental question in what are the rules of contract and goods at this time? Findings show that some Islamic scientists believe that, the sales ownership does not enter in the possession of any of the contract members because of the contract reserve in commenting security and the option clause. On the other hand, some jurisprudents believe that the contract has met the satisfactory level due to the fact that the offer and acceptance of contract members have occurred. Hence the contract is fully healthy. For them the seller has possessed price and the buyer has possessed sold item. In this study, clarification of all these issues in linked to idiosyncratic sources and the starting point of the purposes of legitimacy.