Khiyar Is: Definition, Basic Law, Types and Impacts of Their Application

Khiyar Is: Definition, Basic Law, Types and Impacts of Its Implementation – Is that what is meant by the law of khiyar? On this occasion About the knowledge.co.id will discuss it and of course about other things that also cover it. Let's look at the discussion together in the article below to better understand it.

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Khiyar Is: Definition, Basic Law, Types and Impacts of Their Application

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According to the term, khiyar is the right to vote for one or both parties who make a sale and purchase transaction to carry out or cancel the agreed transaction, which is caused by certain things that make the two parties make a choice the.

Etymologically, khiyar means selecting, setting aside, and filtering. Meanwhile, according to the language is isim mashdar from the word al-ikhtiyar which means choice and clean. Meanwhile, according to the term, it means that there is a right for both parties who enter into the contract to choose to continue or cancel the contract.

The purpose of the definition above is the original law in the contract after its approval, namely the prevention of each party (the seller and the buyer) cancel it, unless there is a syara' permission for each party to cancel it, namely by khiyar way.

In terms of terminology, fiqh scholars have defined al-khiyar, among others according to Sayyid Sabiq: "Khiyar is seeking the good of two cases, establishing or canceling (buying and selling)". Wahbah alZuhaily23 defines al-khiyar with: "The right to vote for one or both parties carrying out transactions to carry out or cancel the agreed transaction in accordance with the conditions of each party conducting the transaction.

Another meaning of khiyar is a right to decide whether to continue the sale and purchase contract or not to continue it (withdrawn does not become a sale and purchase). Khiyar is asking for the best of two options, namely continuing or canceling the sale and purchase transaction.

According to fiqh scholars, khiyar is permissible in Islamic law based on a certain need urgently by considering the benefit of each party carrying out an transaction.

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Basic Law of Khiyar

The general legal basis for khiyar is as follows:

* وعن ابن عمر عن رسول الله صلى الله عليه وسلم قال: إذا تبايع الرجلان، فكل واحد منهما بالخيار مالم يتفرقا آوكان جميعا، أويخير أحدهما الآخر، فإن خير أحدهما الآ فتبا يعا على ذلك فقد وجب البيع، وإن تفرقا بعد أن تبايعا ولم يترك واحد منها البيع فقد وجب البيع. متفق عليه، واللفظ لمسلم.

Meaning: "From Ibn Umar Ra, from Rasulullah SAW said, "If two people are buying and selling, then each of them both of them have the right to khiyar (choose between canceling or continuing the sale and purchase) as long as they have not separated or are still together; or if one of the two determines khiyar to the other. If one person determines khiyar for another, then they buy and sell on that basis, then the sale is done. If they split up after trading and each of the two does not undo buying and selling, then buying and selling is done." (Muttafaq Alaih, and lafadz this hadith according to history Muslim).

M. Abdul Mijieb defines: "Khiyar is the right to choose or make a choice between two things for the buyer and seller, whether the sale and purchase agreement will be continued or canceled". The right of khiyar in buying and selling, according to Islam is permissible, whether to continue the sale and purchase or cancel it, depending on the condition (condition) of the goods being traded.

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Types of Khiyar Types

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  Khiyar Majlis

Khiyar majlis is a right owned by the seller and the buyer to continue the transaction or cancel the transaction as long as both parties are still in the sale ceremony buy.

So as long as they are still at the majlis or the buyer and seller have not been separated, then both of them may make a transaction or cancel it. However, if the two have separated, neither the seller nor the buyer can cancel the sale and purchase agreement. And the buyer also cannot ask for his money back even though he has returned the item.

In general, khiyar like this only applies in transactions that are binding on both parties carrying out the transaction, namely buying and selling and leasing transactions.

This is in accordance with the words of Rasulullah SAW which means: "If two people enter into a sale and purchase contract, then each party has the right to vote, as long as the two have not separated bodies/places..." (HR. al-Bukhari and Muslim from Abdullah bin Umar).

Then from Imam Bukhari and Muslim narrated from Hakim and Hizam that Rasulullah SAW. said,

البيعا ن با الخيا ر ما لم يتفر قا أ و قا ل حتي يتفر قا فإ ن صد قا و بينا بو ر ك لهما في بيعهما و إ ن كتما و كذ با محقت بر كة بيعهما.

Meaning: "Both sellers and buyers may perform khiyar as long as they have not separated. If both do right and explain correctly, both get blessings in their transaction. If they hide it and tell a lie, then Allah will revoke the blessing of their trade."

The differences of opinion of the scholars regarding the khiyar majlis are as follows:

• • Shafi'i and Hambali schools

The two schools of thought are of the opinion that: each party that has entered into a contract has the right to own the khiyar majlis as long as they are still at the majlis even though the contract is valid with the consent and qabul. The point is that the seller and the buyer still have the right to be able to carry out the transaction or not because both are still in the same assembly or have not separated.

This is based on the hadith narrated by al-Bukhari and Muslim from Abdullah bin Umar which was previously mentioned above. And the hadith from Amr bin Syu'aib narrated by al-Bukhari, Muslim, Abu Dawud, at-Tirmizi, an-Nasa'i, Daruquthni, and Ibn Khuzaimah.

• • Hanafi and Maliki

Both of these schools argue that: the contract has been completed with consent and qabul, so that if the contract with consent qabul has been carried out then there is no more majlis rights for both of them. The point is that both parties, both the seller and the buyer, have no more opportunities to cancel the transaction.

This is based on the Word of Allah SWT Q.S An-Nisa verse 29. which means: "... except by way of trade that applies consensually between you..." Then According to them, the hadith about khiyar majlis unacceptable, because it is contrary to the word of Allah in the letter al-Ma'idah verse 1 which means: "O you who believe, fulfill the contracts That…".

When Khiyar Majlis Not Valid:

Khiyar majlis does not apply when both the seller and the buyer abort after the contract. Or one of them died.

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  Khiyar 'Aibi

Khiyar 'aibi is a right to cancel or carry out a sale and purchase for both parties who have made a contract if there is a defect in the object being traded and the record is not known by the owner at the time of the contract going on.

For example, sellers and buyers make transactions to buy 3 kg of watermelons, but there are some rotten watermelons without the seller or buyer knowing about it. In cases like this, according to fiqh scholars, the right of khiyar has been determined for the buyer. As the words of Rasulullah SAW:

المسلم أ خو المسلم و لا يحل لمسلم با ع من أ خيه بيعا فيه عيب إ لا بينه له

Meaning: "Muslims are brothers and sisters. It is not lawful for a Muslim to sell things that are disgraceful to his brother, unless he explains the disgrace to his brother." (HR. Ahmad, Ibn Majah, Daruquthni, Hakim and Thabrani).

For this khiyar 'aibi, it has terms and conditions so that it can apply, including the following:

• • The buyer is not aware of any defects in the goods during the contract. If you know from the start that there is a defect, the khiyar 'aibi will not apply.
  • At the time of the contract, the seller did not provide conditions that if there is a defective item it cannot be returned. This means that there is an agreement from the buyer regarding the defects to be purchased. If the seller has made a condition, khiyar 'aibi is no longer valid.
  • The defect does not disappear until the cancellation of the contract is made.

Khiyar 'aibi can be hindered in returning goods if:

• • The owner of the right of khiyar is willing to accept defects in the item
  • The right of khiyar is aborted by the owner.
  • Objects that become objects are lost or new defects appear due to the actions of the owner of the khiyar rights.

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  Eligibility of Terms

Khiyar conditions are khiyar required by one of the parties (seller and buyer) after the contract, for a predetermined period even though it is very long. If both parties wish, they can make a transaction or cancel it during the time specified, this khiyar may be required by both parties who transact online together.

Another meaning of conditional khiyar is the right to vote that has been determined for one of the contracting parties or both to continue or cancel the sale and purchase, during the specified grace period.

As in a hadith from Ibn Umar ra. That Rasulullah SAW said:

كل ا لبيعين لا بيع بينهما حتي يتفر قا إ لا بيع ا لخيا ر

Meaning: "Each seller and buyer, there has been no sale and purchase between the two before they split up, except buying and selling with khiyar."

From Ibn Umar ra. That Rasulullah SAW. said:

إ ذ تبا يع ا لر جلا ن فكل و ا حد منهما با لخيا ر ما لم يتفر قا و كا نا جميعا أ و يخير أ حد هما ا لا خر فتبا يعا علي ذ لك فقد و خب

This means: "If two people are buying and selling, each party from both of them may perform khiyar as long as they have not physically separated. Both of them make khiyar or one of the two offers khiyar to the other, then both of them agree to make a transaction, then buying and selling becomes a must.”

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  Khiyar Ru'yah

Khiyar ru'yah is a voting right for the buyer to continue or cancel the sale and purchase of an object that he has not seen when the contract took place.

The conditions for the validity of khiyar ru'yah are:

• • The goods have not been seen when the contract took place or before the contract.
  • The goods being contracted are concrete goods such as vehicles, houses and so on.
  • This type of contract must be from contracts whose nature can accept cancellation, such as buying and selling and ijarah.

Khiyar Ru'yah can end if:

• • Buyers have agreed. This means that when the item is available, the buyer agrees with the item.
  • The object being traded is missing.

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  Khiyar Naqdi

Khiyar naqdi is the right of khiyar to provide an opportunity to cancel a sale and purchase for a transaction with an indirect exchange. Khiyar naqdi is the right to continue or cancel the sale and purchase, if the buyer has not paid off the payment. Or the seller has not delivered the goods, even though he has received full payment from the buyer.

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  Khiyar Ta'yin

Khiyar ta'yin, namely the right to vote for buyers in determining goods of different quality in buying and selling. For example, buyers of ceramics: some are of super and medium quality. However, buyers do not know exactly which ceramics are super and of moderate quality. To make that choice he needed ceramics experts and architects.

Khiyar like this, according to Hanafiyah scholars, is permissible, on the grounds that similar products are different quality is not known with certainty by the buyer, so he needs the help of a expert. So that the buyer is not deceived and so that the product he is looking for is in accordance with his needs, khiyar ta'yin is permissible.
Hanafiyah scholars who allow khiyar ta'yin put forward three conditions for the validity of this khiyar, namely:

• • The choice is made of similar goods that differ in quality and nature.
  • Goods are different in nature and value.
  • The time limit for khiyar ta'yin must be determined, namely according to Imam Abu Hanifah it cannot be more than three days.

Khiyar ta'yin, according to Hanafiyah scholars, only applies in transactions that are transfer of property rights in the form of material and binding for both parties, such as buying and selling.

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Impact of the Implementation of Khiyar Law

Every Islamic rule must have wisdom and problem-solving orientation that can be solved. Of course the same goes with the existence of khiyar rules in the process of buying and selling transactions. With the existence of khiyar law, a consequence can be taken in the form of hukmah, namely as follows:

• Khiyar makes the sale and purchase agreement take place according to Islamic principles, namely mutual consent between the seller and the buyer.
• Educate the public to be careful in making sale and purchase contracts, so that buyers get merchandise that is good or they really like.
• The seller does not arbitrarily sell goods to the buyer, and educates him to be honest in explaining the condition of the goods.
• Avoid the element of fraud, both from the seller and the buyer, because there is caution in the buying and selling process.
• Khiyar can maintain good relations between people. Dishonesty or cheating will eventually result in regret, and regret on one side can usually lead to anger, envy, revenge and other bad consequences.

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