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Khiyar al-Aib


An option (khiyar) that gives the buyer the right, in case the object of sale is found to be defective, either to hand it back to the seller for its full price, or receive a price reduction corresponding to the defect (while retaining the object). The definition of a defect, however, varies from one school of thought to another. Hanafis put it as any specification or attribute that is not customarily part of the object of sale, and which would negatively impact its price to an extent or another. An example is an animal with partial or complete blindness or an electronic device that is malfunctioning. Shafi’is, in their turn, define a defect as any uncommon attribute that brings about a diminution in the object of sale or its value or impedes a proper or ordinary use of the object.

In order to exercise this option, the buyer should not be aware of the defect either at the contract assembly or after receiving the object. Otherwise, that would be seen as an implicit acceptance by the buyer.

Khiyar al-aib is an Arabic term that translates as “defect option” or option for defective object of sale.



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