Permissibility Of Khiyar Al-Syart

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The option of condition is an option whereby both or one parties has the choice either to accept or cancel the contract within a specific period of time. According to the majority of Muslim fuqaha’ and general principle khiyar al-Syart is valid because it reinforces the essential purpose of certainty of contractual commitment. An example of this is when a buyer says to the seller “I bought these goods from you on condition that I have the choice for one day, or three days.” It is includes sale and condition in this contract. Permissibility of khiyar al-Syart is based on the hadith of the Prophet (PBUH): “When you buy say, “No deception” (La Kilabah), and you have an option for three days.” Contradict with Prophetic tradition but accepted on 2 reasons. The first reason is Prophet accepted and sanctioned it. It is reported that Habban ibn Monqidh ibn ‘Amr was a feeble man who had been injured badly in the head. The Prophet (PBUH) gave him the choice in purchase for three days. And as he found difficulty in speaking, the Prophet (PBUH) told him to say in conducting a sale. ”la khilabah” (no …show more content…

According to Abu hanifa, Malek, Ahmad ibn Hanbal, the Zaidis and al Shafe’I they said that “all permitted that either one of parties may delegate the option of condition to a third person (other than two parties).” The reasons is might be the party did not have the knowledge about the subject matter of the contract and in this situation he need to get advice from the expert and to guard him to make a decision either to accept or reject the contract. Al Shafe’I in another statement and Zufar state that “it is not permissible to delegate the option of condition to a stranger.” This is because only two person in the parties has the right in the contract and stranger absolutely not illegal to join the

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