A Jurisprudential and Analytical Study of the Consumer's Right of Option in Commercial Transactions (Special Focus on the Options of Meeting, Condition, Inspection, Defect, and Fraud)

تجارتی معاملات میں صارفین کو حاصل" حقِ خیار" کا فقہی و تجزیاتی مطالعہ (خیار مجلس، خیار شرط، خیار رویت، خیار عیب اور خیار غبن کا خصوصی مطالعہ)

Abstract

The principles and laws of Islamic Sharia are fundamentally established for the welfare of humanity and to protect them from worldly and eternal harm. Alongside other aspects of life, Islam provides comprehensive guidance in economic and financial matters. In trading transactions, particularly in the contract of sale (‘Aqd al-Bay‘), scholars and Fiqh academies have conducted extensive research and discussions from various perspectives. To protect consumer rights and maintain transparency in these transactions, the contracting parties are granted the right to defer, condition, or terminate the contract for valid reasons. This ensures the safety of both parties' capital and commercial assets, allowing consumers to engage in trade agreements with confidence. This right is referred to in Islamic jurisprudence as Haq al-Khiyār or "Options." Some of these options are granted by Sharia, such as Khiyār al-Majlis (option of the session) and Khiyār al-‘Ayb (option of defect), while others are mutually agreed upon by the contracting parties, such as Khiyār al-Sharṭ (conditional option) and Khiyār al-Naqd (option of cash).

This research article delves into these options, examining them in light of classical and contemporary Fiqh literature. It also explores their evolving forms in the modern era. Specifically, the article discusses new forms of Majlis (session) in Khiyār al-Majlis, as highlighted by the resolutions of Fiqh academies and the opinions of contemporary scholars.