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Qist Islamic Studies — Class 10

Lesson 10

Khiyar, Defects and Cancellation

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Khiyar, Defects and Cancellation

Khiyar is a legally recognised option to affirm or cancel a sale. Concealed defects can give a buyer remedies; contractual conditions require careful review. Khiyar is an option recognised by law to confirm or rescind a sale under particular conditions. In Hanafi fiqh, options may arise through agreed conditions, inspection or defects. A hidden defect that materially reduces ordinary use or value can affect the buyer's remedies. The timing of discovery and the buyer's subsequent conduct may matter. A seller must not conceal defects, and a buyer should not claim cancellation merely because market prices later change. In Hanafi fiqh, details and conditions matter. Identify the people involved, the property or duty, and the terms of the agreement. Then ask whether the rule is lawful and valid, and what could make the answer change. A general Qur'anic verse and a detailed Hanafi judgement have different roles. Do not treat a short school example as a ruling for every real-life contract.

Learn the main idea

Khiyar is a legally recognised option to affirm or cancel a sale. Concealed defects can give a buyer remedies; contractual conditions require careful review.

A deeper explanation

Khiyar is an option recognised by law to confirm or rescind a sale under particular conditions. In Hanafi fiqh, options may arise through agreed conditions, inspection or defects. A hidden defect that materially reduces ordinary use or value can affect the buyer's remedies. The timing of discovery and the buyer's subsequent conduct may matter. A seller must not conceal defects, and a buyer should not claim cancellation merely because market prices later change.