Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam

khiyar at-tadlis basically promotes the concept of justice and fairness, it also provided a practical solution for both parties that involve in any contractual agreement namely the right to revoke or continue with the contract, basically it is called as ‘haqq al-khiyar’. Therefore, this paper...

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Main Authors:	Awang Hamat, Mohd Afandi, Fadzil, Ammar
Format:	Conference or Workshop Item
Language:	English English
Published:	2013
Subjects:	BP160 General works on Islam H Social Sciences (General)
Online Access:	http://irep.iium.edu.my/73588/ http://irep.iium.edu.my/73588/1/Khiyar%20al-Tadlis%20-%20Tulisan%20Penuh.pdf http://irep.iium.edu.my/73588/7/73588_Right%20of%20customers%20in%20their%20transaction.pdf

id	iium-73588
recordtype	eprints
spelling	iium-735882019-07-25T01:07:48Z http://irep.iium.edu.my/73588/ Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam Awang Hamat, Mohd Afandi Fadzil, Ammar BP160 General works on Islam H Social Sciences (General) khiyar at-tadlis basically promotes the concept of justice and fairness, it also provided a practical solution for both parties that involve in any contractual agreement namely the right to revoke or continue with the contract, basically it is called as ‘haqq al-khiyar’. Therefore, this paper attempts to discuss in detail the right of al-khiyar in business transaction as proposed by Islam. Therefore, in Islamic Law, Based on the doctrine of al-khiyar, any party who is dissatisfied with his or her contractual agreement, having the right to reconsider his or her decision in buying or selling something either to continue with such contract or to revoke it. The act of al-tadlis could occur when the seller deliberately deceives or exploits a potential buyer by any means of trickery, either by word or deed, that consequently influences the ignorant buyer to enter into the sale and purchase agreement, which finally leads him or her to purchase something what he or she would not have purchased it otherwise. It is pertinent to note that all four Muslim schools of law, in principal reject the notion of al-tadlis or concealing the defect of the commodity in any business transaction from the knowledge of the buyer. hanafi jurists consider such act of hiding the defect as a forbidden act, Maliki jurists explicitly describe it as the act of tadlis. Whilst Shafi' and hanabali jurists label it as the act of ghishsh (cheating). This paper will discuss in details various issues in khiyar al-Tadlis according to Four Sunni Mazhab. 2013-11 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/73588/1/Khiyar%20al-Tadlis%20-%20Tulisan%20Penuh.pdf application/pdf en http://irep.iium.edu.my/73588/7/73588_Right%20of%20customers%20in%20their%20transaction.pdf Awang Hamat, Mohd Afandi and Fadzil, Ammar (2013) Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam. In: National Conference on Human Rights in Islam: Issues and Challenges (CHRI2013), 12 - 13 November 2013, International Islamic University Malaysia (IIUM), Gombak Campus, Kuala Lumpur. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	BP160 General works on Islam H Social Sciences (General)
spellingShingle	BP160 General works on Islam H Social Sciences (General) Awang Hamat, Mohd Afandi Fadzil, Ammar Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
description	khiyar at-tadlis basically promotes the concept of justice and fairness, it also provided a practical solution for both parties that involve in any contractual agreement namely the right to revoke or continue with the contract, basically it is called as ‘haqq al-khiyar’. Therefore, this paper attempts to discuss in detail the right of al-khiyar in business transaction as proposed by Islam. Therefore, in Islamic Law, Based on the doctrine of al-khiyar, any party who is dissatisfied with his or her contractual agreement, having the right to reconsider his or her decision in buying or selling something either to continue with such contract or to revoke it. The act of al-tadlis could occur when the seller deliberately deceives or exploits a potential buyer by any means of trickery, either by word or deed, that consequently influences the ignorant buyer to enter into the sale and purchase agreement, which finally leads him or her to purchase something what he or she would not have purchased it otherwise. It is pertinent to note that all four Muslim schools of law, in principal reject the notion of al-tadlis or concealing the defect of the commodity in any business transaction from the knowledge of the buyer. hanafi jurists consider such act of hiding the defect as a forbidden act, Maliki jurists explicitly describe it as the act of tadlis. Whilst Shafi' and hanabali jurists label it as the act of ghishsh (cheating). This paper will discuss in details various issues in khiyar al-Tadlis according to Four Sunni Mazhab.
format	Conference or Workshop Item
author	Awang Hamat, Mohd Afandi Fadzil, Ammar
author_facet	Awang Hamat, Mohd Afandi Fadzil, Ammar
author_sort	Awang Hamat, Mohd Afandi
title	Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
title_short	Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
title_full	Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
title_fullStr	Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
title_full_unstemmed	Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam
title_sort	right of customers in their transaction if they are deceived (khiyar al-tadlis) as proposed by islam
publishDate	2013
url	http://irep.iium.edu.my/73588/ http://irep.iium.edu.my/73588/1/Khiyar%20al-Tadlis%20-%20Tulisan%20Penuh.pdf http://irep.iium.edu.my/73588/7/73588_Right%20of%20customers%20in%20their%20transaction.pdf
first_indexed	2023-09-18T21:44:19Z
last_indexed	2023-09-18T21:44:19Z
_version_	1777413348365697024

Right of customers in their transaction if they are deceived (Khiyar al-Tadlis) as proposed by Islam

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