Khiyar

Khiyar

According to scholars of fiqh khiyar is: a condition that causes aqid have the right to decide akadnya, ie make or cancel if the form khiyar khiyar terms, 'disgrace or ru'yah, or will choose between two items if khiyar ta'yin.

Syafi'iyah scholars found khiyar divided into two, the first is the khiyar at-tasyahi khiyar causing buyers selerannya prolong the transaction in accordance with the goods, in the majlis and conditions. And the second is khiyar naqishah caused the difference in lafadz or an error in the deed or in replacement.

In establishing this discussion there are several kinds of the famous khiyar are:

-          Khiyar Terms, conditions khiyar according to scholars of fiqh is a condition that allows one individual contract or contract or otherwise which both parties have the right to cancel the contract or agreement stipulation ditetukan over time.

-           Khiyar Majlis, majlis khiyar within the meaning of fiqh scholars is a right for all parties to a contract to cancel the contract while the contract is still in place and the two sides have not split up. Both are choosing to appear prevalence in the contract.

-          Khiyar 'Disgrace, khiyar' disgrace by fiqh scholars are circumstances that allow the one who has the right to cancel the contract or agreement making it a disgrace when it was discovered (disability) from the one that used as a tool of exchange is not known pemiiknya contract time.

By: Muhimatul Khoiroh (11220067)