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meaning of khiyar is a right to determine between continuing the sale and purchase contract or not being forwarded (withdrawn does not become a sale and purchase).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.
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