Khiyar (the right to annul or confirm a contract)

الخيار

Khiyar is lexically choosing and selecting; to give someone the choice between two things is to leave the choice to him; technically it is a party's right to annul or confirm a contract for a legal cause or by a stipulated term. 1 It differs from non-binding nature (the power to withdraw by one's own will, a natural feature of some contracts, while option is an added qualifier to a contract that is binding by origin), and from annulment for invalidity, whose effect does not reach back in some kinds according to al-Kasani. 12 Annulment by option has retroactive effect as if the contract were never concluded, unlike annulment in non-binding contracts which does not touch what came before. 2 Option is distinct from invalidity, which is annulled after delivery and is not dropped by a plain waiver as option (except the option of sight) is; and from suspension, which arises from defect of capacity or the rights of another, while option arises after conclusion and fitness for effect. 3 Option is distinct from rescission (iqala), which needs both wills; options are legal (arising by the law, as for defect) or voluntary (from the parties' will, as the option of stipulation, of price payment or of choice); by aim they are for deliberation (benefit) or for deficiency (avoidance of harm), as al-Ghazali and al-Dardir teach. 45 Maliki classes: options of deliberation (session, return, acceptance, stipulation); of deficiency (defect, eviction, division of the deal, partial loss); of ignorance (sight, quantity, disclosure of the matter, specification); of deception (fraud, bidding up, meeting caravans); of unfair price (the uninformed seller, the minor); of trust (sale at cost-plus, transfer, partnership, stock); of breach (delay); and of impossibility of delivery (payment, failure to deliver, quick corruption, bankruptcy). 5 The wisdom of option: in legal options, to make good the shortfall when a condition of binding fails, to avert harm and to purify consent; in voluntary ones, deliberation by counsel or testing; the aim may be both; the Malikis force the seller to hand over the goods where the purpose is testing and receipt is stipulated; the term is set by need, while al-Shafii and Abu Hanifa allow no option beyond three days. 67 Option removes binding: the option contract differs from non-binding ones such as loan; the option of stipulation prevents the effect from starting, that of sight prevents completion, that of defect prevents binding; the Hanafis hold rescission by sight and stipulation effective for all, while for defect they separate before and after receipt. 78 Options on quantity, on the eviction of a thing, on delay, on quick corruption and on bankruptcy are referred to sale, eviction, stipulation or payment. 8

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Global / Diaspora
Review
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Law and courts

Summary

Khiyar is lexically choosing and selecting; to give someone the choice between two things is to leave the choice to him; technically it is a party's right to annul or confirm a contract for a legal cause or by a stipulated term. 1 It differs from non-binding nature (the power to withdraw by one's own will, a natural feature of some contracts, while option is an added qualifier to a contract that is binding by origin), and from annulment for invalidity, whose effect does not reach back in some kinds according to al-Kasani. 12 Annulment by option has retroactive effect as if the contract were never concluded, unlike annulment in non-binding contracts which does not touch what came before. 2 Option is distinct from invalidity, which is annulled after delivery and is not dropped by a plain waiver as option (except the option of sight) is; and from suspension, which arises from defect of capacity or the rights of another, while option arises after conclusion and fitness for effect. 3 Option is distinct from rescission (iqala), which needs both wills; options are legal (arising by the law, as for defect) or voluntary (from the parties' will, as the option of stipulation, of price payment or of choice); by aim they are for deliberation (benefit) or for deficiency (avoidance of harm), as al-Ghazali and al-Dardir teach. 45 Maliki classes: options of deliberation (session, return, acceptance, stipulation); of deficiency (defect, eviction, division of the deal, partial loss); of ignorance (sight, quantity, disclosure of the matter, specification); of deception (fraud, bidding up, meeting caravans); of unfair price (the uninformed seller, the minor); of trust (sale at cost-plus, transfer, partnership, stock); of breach (delay); and of impossibility of delivery (payment, failure to deliver, quick corruption, bankruptcy). 5 The wisdom of option: in legal options, to make good the shortfall when a condition of binding fails, to avert harm and to purify consent; in voluntary ones, deliberation by counsel or testing; the aim may be both; the Malikis force the seller to hand over the goods where the purpose is testing and receipt is stipulated; the term is set by need, while al-Shafii and Abu Hanifa allow no option beyond three days. 67 Option removes binding: the option contract differs from non-binding ones such as loan; the option of stipulation prevents the effect from starting, that of sight prevents completion, that of defect prevents binding; the Hanafis hold rescission by sight and stipulation effective for all, while for defect they separate before and after receipt. 78 Options on quantity, on the eviction of a thing, on delay, on quick corruption and on bankruptcy are referred to sale, eviction, stipulation or payment. 8

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7887
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7888
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7889
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7890
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7891
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7892
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7893
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7894
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islam.museum contributors. “Khiyar (the right to annul or confirm a contract)”. islam.museum, https://islam.museum/en/concept/khiyar-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.