Khiyar Al-Majlis (Option of Withdrawal
before Parting) in Sale Contract
Contemporary Applications
Md. Habib ur Rahman
Muhammad Amanullah
Mohammad Mohiuddin
Abstract: his paper aims to study and analyze the notion of khiyar al-majlis from the viewpoints of prominent
Schools of Islamic law. Khiyar al-majlis refers to an option for both contracting parties either to revoke or to con-
tinue with the contract before departing from the contracting session. his option is made lawful in Islamic law
to ensure the absolute consent of the parties to the agreement and to give them adequate time to think carefully
about the conclusion of the contract. However, the Hanai and Maliki Schools do not advocate khiyar al-majlis,
they advocate khiyar al-qabul (option of acceptance) instead. his study prefers the validity of khiyar al-majlis and
discusses its applications. his is a qualitative study and classical references of the prominent Schools of Islamic law
have been employed as the primary sources of the study. he study posits that in the case of a face to face contract
khiyar al-majlis might be practical. But, in the case of online or distant contracts it is not practical because it would
be diicult to determine whether the parties are continuing the session or not. hus, in online contracts khiyar
al-qabul is more practical and hence after making an ofer and acceptance the contract is concluded, though the
contracting session is prolonged.
Keywords: Khiyar al-majlis, Khiyar al-qabul, Islamic Law, Juristic Analysis, Online Contracts.
JEL Code: K12
Introduction
A legal maxim says: “he norm in transactions is that of permissibility.” hus, peo-
ple are allowed to undertake any deal like sale, purchase, etc. in whatever way they
want as long as it does not contradict the Shari’ah. Nevertheless, in the process of
conclusion of the contract, various kinds of options are legalized in order to en-
sure the complete satisfaction and assent of the contracting parties, and in order
to safeguard their interests in the contract. Khiyar al-majlis is one of the options,
Asst. Prof., Universiapolis Université Internationale d’Agadir. habib@isiam.ma
Prof., International Islamic University Malaysia, amanullah@iium.edu.my
Asst. Prof., Universiapolis Université Internationale d’Agadir. mahiiiumissc@gmail.com
Submitted: 03.11.2016
Revised: 08.03.2017
Accepted: 24.06.2017
Published: 10.08.2017
© Research Center for Islamic Economics
DOI: 10.15238/tujise.2017.4.2.37-50
Turkish Journal ofIslamic Economics, 4(2), 2017, 37-50.
tujise.org
TUJISE
Turkish Journal of
Islamic Economics