Do you know what khiyar is? Essentially, khiyar is a term in Islamic law of sale and purchase.
So, if you want to follow Islamic trading practices, it’s important to first understand the concept of khiyar so you won’t be confused when applying it.
Let’s take a closer look at the definition, law, purpose, and types of khiyar below.
What is Khiyar?
Linguistically, khiyar comes from the word ikhtiar, which means “to choose.” In terminology, khiyar refers to the right of the contracting parties to either proceed with or cancel the contract.
Khiyar gives the buyer or seller the right in a sales agreement to choose between continuing the contract or canceling it before completing the transaction, based on their best consideration.
Although khiyar provides freedom of choice, it is not valid without a clear declaration or mutual agreement between both parties in the transaction.
The Law of Khiyar
The ruling on khiyar is mubah (permissible). Essentially, khiyar benefits both the buyer and the seller as it encourages careful consideration of the transaction, preventing regret for either party.
However, khiyar must not be used as a means to deceive others since it is not fardh (obligatory). If abused, its ruling shifts from mubah (permissible) to haram (prohibited).
There are several legal bases for khiyar. One is found in a hadith narrated by Ibn Majah, which means:
“You have the right of khiyar in every item you purchase for three nights. If you like it, keep it, and if you dislike it, return it to its owner.” (Narrated by Ibn Majah)
Another legal basis is a hadith narrated by Ibn Umar, which means:
“When two people conduct a sale, each of them has the right of khiyar as long as they have not separated and are still together, or if one of them grants khiyar to the other. But if one of them gives khiyar to the other and a sale occurs, then the sale becomes binding. If they part ways after the sale without either of them canceling it, then the sale is binding.” (Narrated by Bukhari and Muslim)
Types of Khiyar
Khiyar is divided into three types:
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Khiyar ‘Aibi: The right to continue or cancel the transaction if a defect is found in the item, which was unknown at the time of sale.
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Khiyar Majlis: The right to continue or cancel the transaction while both parties are still present at the place of transaction and have not yet concluded the sale.
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Khiyar Syarat: The right to continue or cancel the transaction based on a condition set by one or both parties. The stipulated condition may only apply for a maximum of three days.
The Purpose and Wisdom of Khiyar
Like other Islamic rulings, khiyar carries certain wisdom. Among them are:
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Ensuring that sales contracts are carried out according to Islamic principles.
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Guaranteeing that buyers receive goods that meet their expectations.
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Preventing sellers from acting unjustly toward buyers.
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Avoiding elements of fraud in trade.
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Building mutual trust between both parties involved.
By understanding khiyar and its wisdom, you can conduct business transactions in line with Islamic teachings more effectively. When engaging in Islamic sales, it’s also important to ensure your business financing follows sharia principles.
For this, you can apply for Sharia Financing through the Sharia Business Unit (UUS) of BFI Finance.
You can also make use of Multipurpose Sharia Financing for various business needs, including additional capital, purchasing goods, or procuring services.
There’s no need to worry about safety since BFI Finance is licensed and supervised by the Financial Services Authority (OJK).
So, what are you waiting for? Optimize your business with the right ikhtiar. With BFI Finance Syariah, you can be #JauhLebihTenang in achieving your dreams.
