ভূমিকা

Ruling 2134. The right to annul a transaction is referred to as a khiyār (option). A buyer or a seller can annul a transaction in one of the following eleven cases: 1. when the buyer and the seller have not departed from each other, even though they may have left the meeting place of the transaction. This option is known as ‘the option while meeting’ (khiyār al‑majlis); 2.

when either the buyer or the seller in the case of a sale, or one of the two parties of a transaction in the case of other transactions, has been cheated. This is referred to as ‘the option due to cheating’ (khiyār al‑ghabn).

The establishment of this type of option stems from something that is rooted in common custom, namely, that in every transaction each party in the transaction has in his mind that the property he receives should not be drastically lower in value than the property he gives in return; and if it is drastically lower, he should have the right to annul the transaction.

However, in the event that in some cases something else is rooted in a particular custom – for example, if someone receives a property that is lower in value than the property he gives in return, he can claim the difference between the two from the other party, and if this is not possible he can annul the transaction – then in such cases, that particular custom must be observed; 3.

when the parties stipulate in the contract that either one of them or both of them can annul the transaction within a specified period. This option is referred to as ‘the option due to a stipulated condition’ (khiyār al‑sharṭ); 4. when one of the parties of the transaction displays his property in a way that it looks better than it truly is, and this makes the other party desirous of it or increases his desire for it. This is referred to as ‘the option due to deceit’ (khiyār al‑tadlīs); 5.

when one of the parties of the transaction makes a condition with the other that he will do something, but he does not fulfil that condition; or, he makes it a condition that the specified property which is to be given by the other party must be of a special type but he discovers that it is not of that type. In these cases, the person who makes the condition can annul the transaction. This is known as ‘the option due to a breach of condition’ (khiyār takhalluf al‑sharṭ); 6.

when there is a defect in the commodity or the payment exchanged for it. This is referred to as ‘the option due to a defect’ (khiyār al‑ʿayb); 7.