Khiyar majlis is – When doing a buying and selling transaction, there must be ethics or a rule. In the Islamic religion, the rules of buying and selling transactions are also known as khiyar. Khiyar itself consists of several types, one of which is khiyar majlis. On this occasion, we will discuss further about khiyar and khiyar majlis. So, read this article to the end, Reader.
Meaning of Cucumber
Islam has rules on buying and selling called khiyar. These ethics regulate the rights and other things that must be observed for both sellers and buyers. In business, khiyar is a guide so that both parties will not experience loss or regret after the transaction, for example related to goods or prices.
Khiyar is a rule in Islamic business law to protect sellers and buyers. Although basically trading is to make a profit, khiyar should still be done so that no party is harmed.
So, what khiyar means is choosing between two things, namely continuing or canceling the sale. This time we will look at one of the forms of khiyar known as khiyar majlis. Khiyar majlis is khiyar that occurs in the place where the sale and purchase contract takes place until those who do the sale and purchase separate.
According to the Muhammadiyah guidelines, the issue of khiyar is so important that the jurisprudence scholars ( fuqaha ‘) discuss it at length in a separate discussion or at least in a separate sub-discussion in the buyu’ (buying) chapter.
Linguistically, ikhtiar means choosing to set aside or filter. Linguistically, this comes from the word khair which means good. In the sense of language, khiyar can mean choosing and determining the best of 2 things (or more) to be chosen. While according to the term, khiyar is the right owned by a person who enters into a sale and purchase agreement to determine the choice between continuing the agreement or canceling it.
Another meaning of khiyar is a right to decide whether to continue the sale and purchase contract or not (withdrawal does not become sale and purchase). So, it can be said that cucumber is asking for the best of two options, namely continuing or canceling the sale and purchase transaction.
M. Abdul Mujieb defines that “Khiyar is the right to choose or determine the choice between two things for the buyer and the seller, whether the sale and purchase contract will continue or be canceled” . The right of discretion in buying and selling, according to Islam is allowed, whether to continue the sale or cancel it, depending on the condition (condition) of the goods being sold.
Khiyar law is allowed because of an urgent need to consider the benefits of each party that conducts a sale and purchase transaction. Similarly, according to fiqh scholars, khiyar is allowed in Islamic Sharia based on an urgent need by considering the benefits for each party who conducts a transaction.
The general legal basis of cucumbers is as follows:
* On the authority of Ibn Umar, the Messenger of God, may God bless him and grant him peace, said: If two men pledge allegiance, then each one of them chooses not to separate or be together, or one of them prefers the other, if one of them is better than the other, then if one of them is better than that, then the sale is obligatory. واحد منهما البعاد وقد وجب بعاد. agree with it, and say it to a Muslim.
It means: “From Ibnu Umar Ra, from the Messenger of God, peace be upon him, who said, “When two people buy and sell, then each of them has the right to khiyar (choose between canceling or continuing the sale) as long as they have not separated or are still together; or if one of them chooses the other. If one person determines khiyar on the other, then they buy and sell on that basis, then the sale is done. If they separate after doing the buying and selling and each of the two does not close the buying and selling, then the buying and selling will be done.” (Muttafaq Alaih, and the pronunciation of this hadith according to Muslim narrations ).
All kinds of cucumbers
Reported In Islam, khiyar has several types according to scholars. Here are all kinds of cucumbers.
1. Khiyar Majlis
Khiyar majlis is the right to choose between the seller and the buyer who has a contract to cancel the contract, as long as both are still in place (the assembly) and have not separated. The limit of performing khiyar majlis is as long as the seller and buyer are still face to face.
Khiyar organizes the transaction process at the location of the sale and purchase agreement. Both parties have the right to choose. In addition, being able to continue buying and selling that has been agreed or concluded in the assembly.
The Prophet SAW said:
“When there are two people doing a sale and purchase transaction, then each of them (has) the right of khiyar, as long as they have not separated and they are still together or one of the parties gives his right of khiyar to the other party. However, if one of the parties gives the right of khiyar to others and there is a sale and purchase, then the sale and purchase will take place, and if they have separated after the sale and purchase has occurred, while one of them has not (left) the sale and purchase, then the sale and purchase has occurred (also).” ( HR Bukhari and Muslim ).
When the two have separated, then they can no longer enter into a sales contract.
The Prophet SAW said: “The seller and the buyer can do khiyar as long as they have not separated.” ( HR Bukhari Muslim ).
2. Khiyar Terms
Khiyar condition is a voting right that is made a condition by the buyer and seller or one of the two when a contract is made to continue or cancel the sales contract. For example, a seller says “I am selling this car and you must pay for it within three days.” In that way, the conditions in the sales contract are three days.
This is the right to choose based on requirements. During the sale and purchase agreement, both parties can choose to continue or cancel the sale and purchase transaction process with a time limit. Once the specified time has arrived, then the process of buying and selling transactions must be confirmed whether to continue or not.
The Prophet SAW said: “When you sell, say it honestly and don’t lie. If you buy something then you have the right to vote for three days, if you are willing then take it, but if not then return it to the owner.” ( HR Ibnu Majah ).
3. Cucumber Shame
This dishonor is done if there is a defect in the item. The buyer can cancel or not continue the sales contract if there is a defect (disgrace) in the goods sold. Usually, this happens if the buyer is not aware of the defect at the time of the contract.
If the buyer finds out that the goods are defective when they have separated, he has the right to return them to the seller and ask for a better item or ask for a refund according to the comparison of the damage.
If there is a dispute, the Prophet SAW said: “When the seller and the buyer disagree, then the word accepted is the seller’s word, while the buyer has the right to vote.” ( HR At-Tirmidhi and Ahmad ).
4. Ta’yin cucumber
Khiyar ta’yin is the buyer’s right to vote in choosing one of the items that are different in terms of price and quality that have been mentioned in the sales contract. For example, a seller said “I am selling you one of these two veils that you will buy in three days.” Then, the prospective buyer replied “I accept.” Based on the khiyar ta’yin, the prospective buyer has the right to choose one of the two veils in accordance with the agreement that has been agreed upon.
5. Cucumber Ru’yah
Khiyar ru’yah is owned by one of the actors of the contract to cancel or extend the sale of an item that has never been seen before.
For example, a buyer wants to buy a computer but has never seen the item before, so the person has khiyar ru’yah as soon as he sees the item. Valid when the buyer wants to extend or cancel the sales contract.
Benefits of Cucumber
In Islam, everyone should apply honesty and justice to sellers and buyers, as well as in the buying and selling process. The wisdom prescribed by khiyar in Islam is very numerous and comprehensive and long-term. In fact, khiyar in Islamic business or economy has a very important role to protect the interests, transparency, benefits, and willingness of both parties.
There are several benefits of khiyar or wisdom that can be obtained when applying these Islamic rules in trade, such as:
- Can emphasize the importance of contracts in buying and selling.
- Making comfort and satisfaction from each party
- Fraud in transactions will be avoided, because of clarity and clear rights.
- Sellers and buyers can be honest and transparent in the transaction process.
- Avoiding disputes in the buying and selling process.
- There is a lot of khiyar to take care of the buying and selling transaction process can be done well.
- Emphasizing the willingness of the parties involved in the sale and purchase transaction.
- Guarantee perfection in the transaction process.
- This Khiyar also teaches that in any sector it must be implemented in accordance with the rules of Allah SWT.
In fact, if you look at current technological progress, there is an interesting study published in Falah: Journal of Shariah Economics issued by Universitas Muhammadiyah Malang. In the study, it was shown that there is a benefit of khiyar during online transactions. Because, in online transactions, consumers do not have direct contact with merchants and cannot easily verify the quality of goods. As a result, the application of cucumber will help in protecting the rights of consumers in the virtual world.
Factors that Prevent Contract Cancellation and Return of Goods
Provisions in the cancellation of the contract and the return of defective goods have been widely formulated in fiqh books, including the factors that prevent the cancellation of the contract and the return of goods.
There are several things that should be noted regarding this matter, such as:
1. Buyer Satisfaction
The buyer is satisfied after knowing the defect in the goods, either by stating it directly or based on other indications.
For example, deciding to buy fruit that has been notified of defects by the seller. For example, some fruit is withered or some is partially damaged. Then, the buyer is willing to buy it after the price has been adjusted, then the cancellation and return of the goods cannot be done because there is no right of khiyar ‘aib.
2. Drop the Cucumber
This can be done either directly or if there are other indications. Like if there is a speech from a buyer who says, “I have dropped my khiyar (voting rights)” , then that person cannot cancel the contract or return the goods.
If, after knowing that there is a defect in the goods, the buyer does not return the goods within the specified period of time or even the goods he bought have changed or run out because they have been consumed.
3. Goods Damaged or Deformed due to Buyer’s Actions
For example, buying a glass and then breaking or cracking it because the buyer dropped it or part of the item is not intact or lost due to the buyer’s negligence. Usually this will cause a dispute between the seller and the buyer.
If the buyer and seller disagree about this, while the transaction has been completed and there is no evidence to support one of them, then according to the scholars, the statement of sale that was won or accepted after swearing first.
This is based on a hadith from Ibn Mas’ud, may God be pleased with him, when he said that the Messenger of God, may God bless him and grant him peace, said:
“When the seller and the buyer disagree, then the word accepted is the seller’s word, while the buyer has the right to vote.” ( HR At-Tirmidhi and Ahmad ).
In another hadith from Amru bin Shu’aib, from his father from his grandfather, he said that the Prophet SAW said in his sermon: “Bring evidence (al-Bayyinah) for the claimant or the accuser and must swear for the accused.” (HR at-Tirmidhi).
Muslims can take advantage of khiyar in buying and selling in order to bring blessings in their endeavors, so as to obtain property that is halal and good for the family.
From the companion of Hakim bin Hizam, the Prophet, may God bless him and grant him peace, said,
الْبَيِّعَانِ بِالْخِيَارِ مَا لَمْ يَتَفَرَّقَا – أَوْ قَالَ حَتَّى يَتَفَرَّقَا – فَإِنْ صَدَقَا وَبَيَّنَا بُورِكَ لَهُمَا فِى بَيْعِهِمَا ، وَإِنْ كَتَمَا وَكَذَبَا مُحِقَتْ بَرَكَةُ بَيْعِهِمَا
“Both the seller and the buyer each have the right to vote (khiyar) as long as they have not separated. If both are honest and open to each other, then both will gain blessings in the transaction. On the other hand, if they lie and cover up for each other, the blessing will be lost for them in that transaction” (Muttafaqun ‘alaih. HR. Bukhari no. 2079 and Muslim no. 1532 ).
From Ibn Umar, the Messenger of Allah, may Allah bless him and grant him peace, said,
إِذَا تَبَايَعَ الرَّجُلاَنِ فَكُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ ، مَا لَمْ يَتَفَرَّقَا ، وَكَانَا جَمِيعًا ، أَوْ يُخَيِّرُ أَحَدُهُمَا الآخَرَ فَتَبَايَعَا عَلَى ذَلِكَ ، فَقَدْ وَجَبَ الْبَيْعُ ، وَإِنْ تَفَرَّقَا بَعْدَ أَنْ يَتَبَايَعَا ، وَلَمْ يَتْرُكْ وَاحِدٌ مِنْهُمَا الْبَيْعَ ، فَقَدْ وَجَبَ الْبَيْعُ
“If two people buy and sell, then each of them has the right of khiyar as long as they have not separated and they are together (in one place), or one of them gives khiyar to the other. So if one of them gives khiyar to the other and then they do a sale and purchase transaction on the khiyar, it has (happened) a sale. If they separate after a sale and purchase, and one of them does not leave the sale then a sale has occurred.” ( HR. Bukhari no. 2112 and Muslim no. 1531 )
As for what is meant by separation here, it is returned to ‘urf (standard local custom), that is, if you have separated from a place, then it is said to be separated. For example, a transaction that takes place in an open field or desert, then it is called separation if each other leaves and turns their backs on each other. For transactions via telephone, the ceremony is as long as the telephone connection has not been terminated.
However, here it is not possible to deliberately separate from the assembly for fear of one of the parties canceling the transaction. In the hadith of ‘Amr bin Shu’aib, from his father, from his grandfather, may God be pleased with him, it is mentioned,
المُتَبَايِعَانِ بِالْخِيَارِ Mَا لَمْ يَفْتَرِقَا إِلَّ أَنْ تُكُونَ سَفْقَةَ خِيَارٍ وَلَ يَحِلُّ لُ إَنْ يُفَارِقَ صَاحِبَهُ خَشْيَةَ َنْ يَسْتَقِيلَ
“The seller and the buyer have the right of khiyar as long as both have not separated from the assembly except when it has been agreed to extend the right of khiyar until after separating. It is not lawful for him to leave his friend for fear that he will cancel the transaction.” ( HR. Abu Daud no. 3456 , Tirmidhi no. 1247 , and An Nasai no. 4488. Abu Isa said that this hadith is hasan. The same assessment was mentioned by Al Hafizh Abu Thohir).
Thus the discussion about khiyar majlis is , hopefully all these discussions can be useful for Reader.