Hidden Defects and their Contemporary Applications among Islamic Jurisprudence and Civil Law ”A comparative Study”

The purpose of the sale is to exchange a benefit that has an impact on both the seller and the buyer, so the parties have an obligation to achieve that mutual benefit, otherwise there is no economic benefit to benefit them. The price is received by the seller for the purpose of utilizing it, in exchange for a benefit allocated to the commodity that the buyer receives once the contract has been completed; The legislator therefore regulated provisions that included the buyer's rights at the seller, the most important of which was to detect the invisible defect in the commodity, since that defect was the emergency scourge of the common sense of the sold object and, without doubt, affected the purpose of utilization. One of the most important features of the Islamic Shari 'a, and its most recent manifestations, is its particular concern for the interests of the slaves, the facilitation of their transactions and the prevention of spoilers. The origin of the relationship between contractors in sales and purchase contracts is to be based on consent and agreement and in this letter the researcher set out the terms and conditions of the invisible defect, When these conditions are met, the buyer must inform the seller of the defect and then it's by option, if you like, complete the contract at the full price agreed upon. All of this according to specific considerations, clear parameters, Drawn by us by wise legitimacy, which would establish a full and just establishment between the parties, Without devaluing the price of the commodity on the one hand, or Jor on the buyer's right to benefit on the other.