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TYPE OF OPTION (AL-KHIYAR) (EXPLANATION OF MAIN TYPES OF AL…
TYPE OF OPTION
(
AL-KHIYAR)
SOUCE OF AL-KHIYAR
1) AL-KHIYAR AL-HUKMI
Exist basically by the Shariah provision
does not depend on the agreement or stipulation by the
contracting parties
avoiding harm to contracting parties.
2) AL-KHIYAR AL-IRADI
established by the request of
the contracting parties
three types of al-Khiyar:
Khiyār al-Shart
Khiyār al-Naqd
Khiyār al-Taʿyin
PURPOSE OF AL-KHIYAR
For al-tarawwi (thinking) and provide benefit
To compete the deficiency happens in contracts
Protect the contracting party
TYPE OF AL-KHIYAR :
KHIYAR AL-TARAWWI
MEANS : option for thinking or deliberation
REASON FOR EXISTENCE `;
session of contract
condition or stipulation by contracting parties
KHIYAR AL-NAQISAH :
MEANS : option for deficiency
EXPLANATION OF MAIN TYPES OF AL-KHIYAR :
KHIYAR AL-MAJLIS
An option for the contracting parties to dissolve the contract
still in the session of contract ( majlis al-aqd)
KHIYAR AL-RU'YAH
An option for the contracting parties to dissolve the contract after physical inspection the object of contract
KHIYAR AL-WASF
An option for the contracting parties to dissolve the contract due to the absence of specified quality
Takhalluf al-Sifah
Khiyar al-Khulf
Khiyar Khulf al-Wasf al-Mashruf
Khiyar Fawat al-Wasf
KHIYAR AL-NAQD
An option for the contracting parties to dissolve the contract due to failure of payment at a certain agreed date
KHIYAR AL-AIB
The option given to a party to rescind the contract when he discovers in the subject, defect that reduce its value
Buyer should not be aware of the defect either during the contract assembly or after receiving the object
KYIYAR AL-GHABN
An option for the contracting parties to dissolve the contract due to reasonable price
Could happen to the both seller and buyer
KHIYAR AL-SHART
An option concluded at the time of signing the agreement, giving one of the two parties to the contract a right to cancel the sale within a stipulated time
Maliki
More than 3 days
Shafi`iyyah, Abu Hanifah and Zufar of Hanafiyyah
Not exceed 3 days
Hanbali
Could exceed 3 days