AL'AHKAM ALFAQHIAT ALMUTAEALIQAT BIDAMAN ALMUBIE FI MDT ALKHYAR"DRAST FAQAHIAT MQARN"

ABSTRACT

In this paper, the researcher is guided by the jurisprudential provisions regarding the guarantee of sold item if it damaged in the period of option. He mentioned the statements of the scholars of jurisprudential schools and their evidences in this matter. The problem of this study lies in some disputes between the buyers and sellers, If the soled item is destroyed during the duration of the given option. the objective of this study is to indicate who will have the guarantee if the soled item destroyed in the duration of the given option to avoid any dispute between the sellers and buyers. This study is a theoretical study depended on the library sources, in which the researcher used the comparative approaches. He presented the statements of the scholars of the four jurisprudential schools, the Hanafis, the Maaliki, the Shaafa'i and the Hanbali, and the statement of their dissertations, and discussed them scientifically depending on strength of evidence given by each school. The researcher concluded by the following result: In the  Hanafis, the guarantee of sale in the duration of the option is responsibility the seller if the requirement of the option is of the seller alone, or of both, i.e. the seller and the buyer. while the guarantee shall be the responsibility of the buyer if the option requirement is of the buyer alone. As for the Maliki, the guarantee of option is responsibility the seller if the soled item damaged before the buyer receive it, whether the option is of both or of one of them. While if the soled item received by the buyer and damaged under his ownership in the duration of option, this shall have two conditions depending on the sold item’s nature; if the soled item could be concealed and kept safely, the guarantee is responsibility of the buyer because he was careless to keep the soled item safely. While if the soled item could not be concealed and kept safely, the guarantee responsibility should be of seller. Shaafa'iand  Hanbali, considering the guarantee of the soled item is responsibility of the buyer if he received the soled item and it lost under his control because the condition of option means that the ownership of the soled item transferred from the seller to the buyer.