Guarantee of the Value Based on of the Decrease in the Sold Good Because of Defect in the Sale in Islamic Jurisprudence and Jordan?s Civil Law Comparative Study

This study aims to discuss the Fiqh and legal ruling of returning at a loss of the value due to a defect in the selling price as well as cases in which any party can claim the decrease in the sold good because of such defect. Moreover, the percent study also addresses legal conditions of right to claim the decrease in value because of defect in the sold good especially when the contact of the sale cannot be annulled. It is important to focus on the value of the decrease in the sold goods in which any of the party can claim, and how can be evaluated. In this study, how Jordan?s Civil Law handled this case has been also compared with other Arab civil laws. Deductive and comparative methods both have been used in this paper to addresses questions of this problematic issue. A number of findings and recommendations have been come up with in this study.