الرد بالعيب بين الفقه الإسلامي والقانون

Abstract

The target of this research is to get better understanding in the doctrine (Hukum) of Return of Defective Products in Islamic Jurisprudence and Law of Brunei. The original principle of this research is Khiyar Al-'Aib. To reach the objective of this research, there are two method of research, given either by inductive or analytical approach. It is through this method, the researcher was able to find a deep understanding of the research. By analytical approach the researcher could compare the aspect between Islamic Jurisprudence and Law. This research can give reader more knowledge about the type of return, definition of defect in goods and the rules of this doctrine. This research will show both the seller and buyer that they have the right to annul the contract or any right by the rules of this doctrine. However, the law provided for this research is not much. Therefore in the end, the researcher would like to point out the similarities and differences between the aspect of Islamic jurisprudence and Law in Brunei.