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Khiyār Ash-sharṭ is NULLIFIED under the following circumstances:

27 November 2025 • 544 views
1. Expiration of the Agreed Period 2. Buyer’s Action to Terminate: The buyer may voluntarily waive their right to revoke the contract during the option period. 3. Transfer of Ownership by buyer (not seller): If the buyer engages in any action that results in the transfer of ownership (e.g., selling the item or gifting it), their option right is voided. ________ 3️⃣. خيار العيب Option of Defect: This option is available if either side discovers a defect that was not disclosed, whether intentionally or unintentionally. This option is applicable when a defect in the product reduces its value. If a defect does not decrease the value of the product, then it does not affect the sale. Determining what qualifies as a defect is left to experts in the field. If they deem it a defect, the buyer has the option to revoke the contract; otherwise, they do not. For example, if the animal is sick, or a car has an engine fault. These types of defects reduce the price. NOTE: If the buyer is made aware of the defect prior to the purchase, they have no right to this خيار. RETURN OPTIONS: The buyer has three options when a defect is discovered after the purchase: (1) keep the item with a price adjustment (known as أرش), (2) return the item and receive a full refund, or (3) keep the item without any أرش. HOW TO CALCULATE أرش: Arsh is the (%) difference between the original price and the value of the defective item. For instance, if the product is worth £1,000 in perfect condition, £800 in its current defective condition, but it was sold to him for £900. The price difference is 20%. He gets a 20% refund from what he payed = (£180)!!! EXCEPTIONS: 1. If claiming أرش constitutes ribā Al-Fadhl (الربويات - gold, silver, wheat, barley, dates, salt), then one is only entitled to either (a) returning the item or (b) accepting it at the current price. For example, the buyer purchases silver coins, but one is damaged. 2. With products like coconuts, watermelons and eggs, there are two scenarios: First, the broken item still has some value. In the case of products with value after being broken, the buyer has three options: they can either keep the item, return it, or demand أرش. For example, when with coconuts, even if the nut is cracked, it still has some use—people may repurpose it into various items, such as containers. Second, when the item, like chicken or pigeon eggs, has no value once broken. In this case, since it has no value once cracked, the buyer has only two options: to either keep the item or return it. The option of أرش does not apply, as the defect results in a total loss of value. 3. If the item is damaged by the buyer, the خيار is immediately terminated and there is no possibility of returning the time or claiming compensation. ________ 4️⃣. خيار التدليس Option of Deception This refers to when the seller deceives the buyer by misrepresenting the item in a way that inflates its price. Such an act is prohibited, as indicated by the saying of the Prophet ﷺ: ((من غشّنا فليس منا)) “Whoever cheats us is not one of us.”[ Muslim (102)] Example: If a seller owns a car with numerous internal defects but deliberately improves its exterior appearance, making it look polished and flawless to deceive the buyer into believing it is in good condition, the buyer has the right to return the item to the seller and reclaim the amount they paid. NOTE: Tadlees does not necessarily involve a defect but rather the withholding of qualities that influence the market value. _____ 5️⃣. خيار الغبن Option of unfair pricing The option allows either to revoke the contract if they were subjected to unfair pricing that is considered excessive by customary standards.