Khiyar Al-Majlis (Option of Withdrawal before Parting) in Sale Contract Contemporary Applications

Yıl 2017, Cilt: 4 Sayı: 2, 37 - 50, 10.08.2017

Md. Habib Ur Rahman Muhammad Amanullah Mohammad Mohiuddin

Öz

 This paper aims to study and analyze the notion of khiyar al-majlis from the viewpoints of prominent
Schools of Islamic law. Khiyar al-majlis refers to an option for both contracting parties either to revoke or to continue with the contract before departing from the contracting session. This option is made lawful in Islamic law
to ensure the absolute consent of the parties to the agreement and to give them adequate time to think carefully
about the conclusion of the contract. However, the Hanafi and Maliki Schools do not advocate khiyar al-majlis,
they advocate khiyar al-qabul (option of acceptance) instead. This study prefers the validity of khiyar al-majlis and
discusses its applications. This is a qualitative study and classical references of the prominent Schools of Islamic law
have been employed as the primary sources of the study. The study posits that in the case of a face to face contract
khiyar al-majlis might be practical. But, in the case of online or distant contracts it is not practical because it would
be difficult to determine whether the parties are continuing the session or not. Thus, in online contracts khiyar
al-qabul is more practical and hence after making an offer and acceptance the contract is concluded, though the
contracting session is prolonged.

Anahtar Kelimeler

Khiyar al-majlis, Khiyar al-qabul, Juristic Analysis, Islamic Law, Online Contracts

Kaynakça

• Referans1
• Referans2