Öz
When a person is not sure about making a contract, he may want to think a little more and decide after consulting others if necessary. In case the goods are sold to someone else within this period, they have the opportunity to purchase it conditionally and return it if necessary. This condition, which gives the person added to the contract the right to terminate the contract without the need for anyone's permission, court decision or form condition, is referred to as “Pactum Displicentiae” in Roman law, "Khiyār al-shart " in Islamic law, and “On Approval” in Turkish Code of Obligations. Although this contingent transaction is not preferred by the sellers due to the wide powers it gives to the buyer, it has always maintained its importance due to the need for it. However, jurists still have not been able to agree on its legal nature. As a matter of fact, in Continental European law, besides those who see sales as a “condition” on sale on approval, there are also lawyers who explain it with the views of “preliminary contract", “option”, “in kind contract” or an “offer” waiting to be accepted. Those who accepted it as a condition differed as to whether it was an ordinary condition or an purely potestative condition. As far as we can come across, there is no examination of the legal nature of khiyar al-shart in Islamic law. In fact, in our opinion, it is said that the equivalent of selling under the sale on approval in Islamic law is savm shirā (sales bargain) and its similarity with its khiyār al-shart is overlooked. Again, in some modern texts, it is said to be a takyīdī shart (restrictive condition) and in our opinion, an incorrect determination is made about its legal nature. For this reason, in this study, an examination will be made on the legal nature of khiyār al-shart.