Abstract:

Islamic jurists attaches great importance to the parties' consent in contracts, giving the relevant party the right to terminate the contract made in case of breach of consent. Khiyar al-ʽayb (option of defect) is given as a right for the customer in case the defective good is the subject of sale. However, Islamic jurists as a rule accept that the khiyar al-ʽayb has dropped in cases where the customer consents to the defect in the goods. If the seller is absolutely free from defects, declares that he will not be liable for any defects in the goods, the validity of this condition is controversial between schools. While the Hanafi school accepts this condition as legitimate, other schools generally do not see this condition as valid. In this study, the evidence of schools on this subject was examined and evaluations were made. While making these evaluations, the issue of the consent of the parties, which is one of the main aims of Islamic jurists in the contracts, was taken into consideration. Different opinions have been studied in this manner. Later, different views on this subject that were put forward in the historical process were examined and the result achieved by drawing attention to today's conditions is expressed.

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