Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction

Islam is the religion revealed by Allah swt and therefore one of the most important aspect of religion is justice. Thus, Islam stresses on the importance of justice in all elements of it in regard to various injunctions revealed by Allah. This paper attempts to explain the meaning and doctrine of...

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Main Author:	Awang Hamat, Mohd Afandi
Format:	Conference or Workshop Item
Language:	English
Published:	Usuli Faqih Research Centre 2015
Subjects:	BP160 General works on Islam
Online Access:	http://irep.iium.edu.my/73482/ http://irep.iium.edu.my/73482/1/73482_Doctrine%20of%20khiyar%20al-ayb.pdf

id	iium-73482
recordtype	eprints
spelling	iium-734822019-07-23T00:56:28Z http://irep.iium.edu.my/73482/ Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction Awang Hamat, Mohd Afandi BP160 General works on Islam Islam is the religion revealed by Allah swt and therefore one of the most important aspect of religion is justice. Thus, Islam stresses on the importance of justice in all elements of it in regard to various injunctions revealed by Allah. This paper attempts to explain the meaning and doctrine of khiyar al-Ayb as highlighted by Sunni Muslim jurists of four different schools of law. As proposed by Muslim jurists, al-ayb implies a latent fault, flaw, blemish or defect, which exists in the goods at the time of contract taking place, and substantially impairs the value of the goods to the recipient. On account of defective products, is the buyer consequently has the right of option either to ratify the contract with full payment or revoke it entirely? Is the buyer may also accept the goods and ask for compensation or (al-irsh) on the possible loss due to such defect? Is the any conditions for the buyer to revoke his contract on the account of defective products that he or she has purchased? This paper will try to answer all of these questions by highlighting various issues in khiyar al-ayb starting from the definition of khiyar al-ayb, Legality of it, Conditions for valid option in respect to khiyar al-ayb as mentioned by Muslims jurists, and also maqasid behind the legality of khiyar al-ayb. This paper also will highlight about the irremovable and Persuasive or reasonable defect in regard to khiyar al-ayb as highlighted by our Muslim jurists. This paper will also explain about the views of Muslim jurists from different schools of Law in regard to Optional period in khiyar al-ayb, is it Immediately after the buyer notices about the defect (ala al-fawr), or is there any period of time in which the buyer having the right to revoke his transaction if there is any defects on his goods. Usuli Faqih Research Centre 2015-05-15 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/73482/1/73482_Doctrine%20of%20khiyar%20al-ayb.pdf Awang Hamat, Mohd Afandi (2015) Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction. In: Seminar Fiqh Semasa (SeFis) 2015, 15 May 2015, Islamic Science University of Malaysia.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	BP160 General works on Islam
spellingShingle	BP160 General works on Islam Awang Hamat, Mohd Afandi Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
description	Islam is the religion revealed by Allah swt and therefore one of the most important aspect of religion is justice. Thus, Islam stresses on the importance of justice in all elements of it in regard to various injunctions revealed by Allah. This paper attempts to explain the meaning and doctrine of khiyar al-Ayb as highlighted by Sunni Muslim jurists of four different schools of law. As proposed by Muslim jurists, al-ayb implies a latent fault, flaw, blemish or defect, which exists in the goods at the time of contract taking place, and substantially impairs the value of the goods to the recipient. On account of defective products, is the buyer consequently has the right of option either to ratify the contract with full payment or revoke it entirely? Is the buyer may also accept the goods and ask for compensation or (al-irsh) on the possible loss due to such defect? Is the any conditions for the buyer to revoke his contract on the account of defective products that he or she has purchased? This paper will try to answer all of these questions by highlighting various issues in khiyar al-ayb starting from the definition of khiyar al-ayb, Legality of it, Conditions for valid option in respect to khiyar al-ayb as mentioned by Muslims jurists, and also maqasid behind the legality of khiyar al-ayb. This paper also will highlight about the irremovable and Persuasive or reasonable defect in regard to khiyar al-ayb as highlighted by our Muslim jurists. This paper will also explain about the views of Muslim jurists from different schools of Law in regard to Optional period in khiyar al-ayb, is it Immediately after the buyer notices about the defect (ala al-fawr), or is there any period of time in which the buyer having the right to revoke his transaction if there is any defects on his goods.
format	Conference or Workshop Item
author	Awang Hamat, Mohd Afandi
author_facet	Awang Hamat, Mohd Afandi
author_sort	Awang Hamat, Mohd Afandi
title	Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
title_short	Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
title_full	Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
title_fullStr	Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
title_full_unstemmed	Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction
title_sort	doctrine of khiyar al-ayb (option caused by defect) as proposed by muslim jurists and its maqasid in islamic transaction
publisher	Usuli Faqih Research Centre
publishDate	2015
url	http://irep.iium.edu.my/73482/ http://irep.iium.edu.my/73482/1/73482_Doctrine%20of%20khiyar%20al-ayb.pdf
first_indexed	2023-09-18T21:44:11Z
last_indexed	2023-09-18T21:44:11Z
_version_	1777413339375206400

Doctrine of khiyar al-ayb (option caused by defect) as proposed by Muslim jurists and its maqasid in Islamic transaction

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