defect option (خِيَارُ العَيْبِ)
الفقه أصول الفقه
التعريف :
That one party has the right to refuse the object of the contract if it has a defect of substance. This is not limited to sales, but includes other things such as a woman’s dowry and the compensation for khulꜤ, i.e. The termination of marriage at the wife’s request, etc.
المعنى الاصطلاحي :
The right of either one of two contracting parties to annul a contract or conclude it if he finds a defect in the commodity or the price.
الشرح المختصر :
"Khiyar al-‘Ayb": An established right for either one of two contracting parties (the seller or the buyer) to complete a sale or annul it if there is a defect in the price or the commodity. Defect refers to any deficiency that affects the value of the commodity. This option is a guarantee for either party against harm. Option due to defect becomes an established right for the buyer if the following three conditions are met: 1. A considerable defect is discovered. 2. The buyer was unaware of the defect at the time of the contract. 3. The seller has not stipulated that the product is not defect free.