The Critique and Studying of the Necessity of Examination of the Commodity (Sold Things or the Subject of Sale) Features from the Islamic Jurist's View

One of the ways to detailed knowledge of commodity features is testing. According to Islamic jurists, the meaning of testing is determining and expressing the attributes in order to prevent the transaction being uncertain or risky (gharar) and come in to effect the condition of validity in transaction with one of these ways: smelling, testing and etc. The Islamic jurists have stated different opinions about the necessity of examination or the lack of necessity for non-perishable goods. Some Islamic jurists believe the obligation of testing and some others believe in the principle of validity or creating transactions according to description and lack of obligation of testing of commodity features. The present research with analytic-descriptive method has been organized, meanwhile determining the concept of gharer, studying the reasons of opponents and proponents with the obligation of testing of the commodity (sold things) and this has been resulted that with regard to the stipulation of the existence of goods, if it is possible to test according to the opinion of proponents, the testing is obliged.