The application of the Khiyar al-'Aib (option of defect) principle in on-line contracts and consumer rights

Parviz Bagheri, Kamal Halili Hassan

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-'Aib (option of defect). Khiyar al-'Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-'Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.

Original languageEnglish
Pages (from-to)565-575
Number of pages11
JournalEuropean Journal of Law and Economics
Volume33
Issue number3
DOIs
Publication statusPublished - Jun 2012

Fingerprint

legal protection
European Law
Consumer rights
Defects
contact
Law
Values
Authority
Merchants
Virtual worlds
Contracting
European law
Legal protection

Keywords

  • Consumer rights
  • Islam
  • Khiyar al-'Aib
  • Law
  • On-line contracts

ASJC Scopus subject areas

  • Law
  • Economics and Econometrics
  • Business and International Management

Cite this

The application of the Khiyar al-'Aib (option of defect) principle in on-line contracts and consumer rights. / Bagheri, Parviz; Hassan, Kamal Halili.

In: European Journal of Law and Economics, Vol. 33, No. 3, 06.2012, p. 565-575.

Research output: Contribution to journalArticle

@article{e3b335de2b0b4a1ead262d95017248e0,
title = "The application of the Khiyar al-'Aib (option of defect) principle in on-line contracts and consumer rights",
abstract = "This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-'Aib (option of defect). Khiyar al-'Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-'Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.",
keywords = "Consumer rights, Islam, Khiyar al-'Aib, Law, On-line contracts",
author = "Parviz Bagheri and Hassan, {Kamal Halili}",
year = "2012",
month = "6",
doi = "10.1007/s10657-012-9332-5",
language = "English",
volume = "33",
pages = "565--575",
journal = "European Journal of Law and Economics",
issn = "0929-1261",
publisher = "Springer Netherlands",
number = "3",

}

TY - JOUR

T1 - The application of the Khiyar al-'Aib (option of defect) principle in on-line contracts and consumer rights

AU - Bagheri, Parviz

AU - Hassan, Kamal Halili

PY - 2012/6

Y1 - 2012/6

N2 - This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-'Aib (option of defect). Khiyar al-'Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-'Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.

AB - This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-'Aib (option of defect). Khiyar al-'Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-'Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.

KW - Consumer rights

KW - Islam

KW - Khiyar al-'Aib

KW - Law

KW - On-line contracts

UR - http://www.scopus.com/inward/record.url?scp=84861776736&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84861776736&partnerID=8YFLogxK

U2 - 10.1007/s10657-012-9332-5

DO - 10.1007/s10657-012-9332-5

M3 - Article

AN - SCOPUS:84861776736

VL - 33

SP - 565

EP - 575

JO - European Journal of Law and Economics

JF - European Journal of Law and Economics

SN - 0929-1261

IS - 3

ER -