Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications

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...

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Main Authors:	Rahman, Md. Habib ur, Amanullah, Muhammad, Mohiuddin, Mohammad
Format:	Article
Language:	English
Published:	Research Center for Islamic Economics 2017
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/1/Khiyar_Al-Majlis_Option_of_Withdrawal_be.pdf

id	iium-61213
recordtype	eprints
spelling	iium-612132018-07-11T00:32:56Z http://irep.iium.edu.my/61213/ Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications Rahman, Md. Habib ur Amanullah, Muhammad Mohiuddin, Mohammad KBP1 Islamic law.Shariah.Fiqh 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. Research Center for Islamic Economics 2017-08-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61213/1/Khiyar_Al-Majlis_Option_of_Withdrawal_be.pdf Rahman, Md. Habib ur and Amanullah, Muhammad and Mohiuddin, Mohammad (2017) Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications. Turkish Journal of Islamic Economics, 4 (2). pp. 37-50. E-ISSN 2148-3809 https://tujise.org/content/5-issues/8-volume-4-issue-2/tujise-2017-4-2-37-50/tujise_4_2_son-45-58.pdf 10.15238/tujise.2017.4.2.37-50
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Rahman, Md. Habib ur Amanullah, Muhammad Mohiuddin, Mohammad Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
description	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.
format	Article
author	Rahman, Md. Habib ur Amanullah, Muhammad Mohiuddin, Mohammad
author_facet	Rahman, Md. Habib ur Amanullah, Muhammad Mohiuddin, Mohammad
author_sort	Rahman, Md. Habib ur
title	Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
title_short	Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
title_full	Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
title_fullStr	Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
title_full_unstemmed	Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
title_sort	khiyar al-majlis (option of withdrawal before parting) in sale contract contemporary applications
publisher	Research Center for Islamic Economics
publishDate	2017
url	http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/ http://irep.iium.edu.my/61213/1/Khiyar_Al-Majlis_Option_of_Withdrawal_be.pdf
first_indexed	2023-09-18T21:26:49Z
last_indexed	2023-09-18T21:26:49Z
_version_	1777412246613262336

Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications

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