تفاصيل الرسالة العلمية

The study aimed to clarify the concept of the disputed right and the provisions resulting from the sale and recovery of it in the Kuwaiti civil law compared to a jurisprudence study through the opinions of jurists in Islamic jurisprudence along with the judgment on the validity of the sale contract and the provisions for its recovery. The researcher used the comparative and inductive method, by extrapolating the provisions that resulted from the sale and recovery of the disputed right with the presentation of the juristic opinion and comparing the Kuwaiti civil law regarding the sale and recovery of the disputed right. The most important result of this study is that Islamic jurisprudence considers the permissible sale of the disputed right and the validity of its convention. Moreover the result of the provisions for the restoration of the disputed right, as well as other emerging issues related to the sale and recovery of the disputed right, such as warranty, the real price, barter, nullity and the resulting rulings compared to the opinions of jurists and their discussion about above topics