Definition, types, and benefits of khiyar in life

 

 

Muslimcreed – When making buying and selling
transactions, there must be ethics or a rule. In Islam, the rules of buying and
selling transactions are also known as khiyar. Khiyar itself consists of
several types, one of which is khiyar majlis. On this occasion, we will discuss
further about khiyar and khiyar majlis. So, read this article to the end.

 

Definition of Khiyar

Islam has rules regarding buying and
selling called khiyar. This ethic regulates the rights and other things that
must be considered for both the seller and the buyer. In business, khiyar is a
guide so that both parties will not experience losses or regrets after the
transaction, for example related to goods or prices.

Khiyar is a rule in Islamic commercial law
to protect sellers and buyers. Although basically trading is to make a profit,
khiyar must still be done so that no party is harmed.

So, what is meant by khiyar is choosing
between two things, namely continuing or canceling the sale and purchase. This
time we will look at one form of khiyar known as khiyar majlis. Khiyar majlis
is a khiyar that occurs at the place where the sale and purchase contract takes
place until those who do the buying and selling are separated.

Linguistically, endeavor means, choosing to
set aside or filter. Linguistically, this comes from the word khair which means
good. In the sense of language, khiyar can mean choosing and determining the
best of 2 (or more) things to be chosen. Meanwhile, according to the term,
khiyar is the right of a person who enters into a sale and purchase agreement
to determine the choice between continuing the agreement or canceling it.

Another meaning of khiyar is a right to
determine between continuing the sale and purchase contract or not being
forwarded (withdrawn does not become a sale and purchase). So, it can be said
that khiyar is asking for the best of two options, namely continuing or
canceling the sale and purchase transaction.

Khiyar’s Law

The law of khiyar is permitted because of
an urgent need to consider the benefits of each party conducting a sale and
purchase transaction. Likewise, according to fiqh scholars, khiyar is allowed
in Islamic law based on an urgent need by considering the benefit for each
party who makes a transaction.

Kinds of Khiyar

Reported in Islam, khiyar has several kinds
according to the scholars. Here are the kinds of khiyar.

1. Khiyar Majlis

Khiyar majlis, namely the right to choose
from the seller and the buyer who has a contract to cancel the contract, as
long as both are still in place (assembly) and have not separated. The
limitation of doing khiyar majlis is as long as the seller and buyer are still
face to face.

This Khiyar regulates the transaction
process at the location of the sale and purchase agreement. Both parties have
the right to vote. In addition, it can continue the sale and purchase that has
been agreed or contracted in the assembly.

2. Khiyar Terms

Khiyar conditions are voting rights that
are used as conditions by the buyer and seller or one of the two when there is
a contract to continue or cancel the sale and purchase contract.

This is a right to vote based on
conditions. During the sale and purchase agreement, both parties can choose to
continue or cancel the sale and purchase transaction process with a time limit.
After the specified time arrives, the process of buying and selling
transactions must be ascertained whether to continue or not.

3. Khiyar Disgrace

This disgrace is done if there is a defect
in the goods. The buyer can cancel or not continue the sale and purchase
contract if there is a defect (disgrace) in the goods being traded. Usually,
this happens if the buyer is not aware of a defect at the time of the contract.

If the buyer finds out that the item is
defective when it has been separated, he has the right to return it to the
seller and ask for a better replacement or ask for a refund in accordance with
the ratio of the damage.

4. Khiyar Ta’yin

Khiyar ta’yin is the buyer’s right to
choose one of the items that are different in terms of price and quality as
stated in the sale and purchase agreement.

5. Khiyar Ru’yah

Khiyar ru’yah is owned by one of the
contract participants to cancel or continue the sale and purchase of an item
that has never been seen before.

Benefits of Khiyar

In Islam, everyone must apply honesty and
fairness to sellers and buyers, as well as in the buying and selling process.
The wisdom of khiyar in Islam is very numerous and comprehensive and long-term.
In fact, khiyar in Islamic business or economics has a very important role to
maintain the interests, transparency, benefit, and willingness of both parties.

There are several benefits of khiyar or
wisdom that can be obtained when applying this Islamic rule in trade, such as:

– Can emphasize the importance of the
contract in buying and selling.

– Make comfort and satisfaction of each
party

– Fraud in transactions will be avoided,
because there is clarity and clear rights.

– Sellers and buyers can be honest and
transparent in the transaction process.

– Avoid disputes in the buying and selling
process.

– The existence of khiyar really keeps the
process of buying and selling transactions can be carried out properly.

– Emphasizing the willingness of the
parties involved in the sale and purchase transaction.

– Ensuring perfection in the transaction
process.

– This Khiyar also teaches that in any
sector it must be carried out according to the rules of Allah SWT.

Factors that prevent contract cancellation
and return of goods

1. Buyer’s Pleasure

2. Aborting Khiyar

3. Damaged or Deformed Goods due to Buyer’s
Actions