Abstract
The Sale of the Right of Withdrawal in terms of Islamic Law
The withdrawal rights found in contemporary Turkish law are closely related to the right of options (Al-Khiyar) in Islamic law. These rights aim to prevent the loss of rights of individuals in contracts. In our research, in the current laws and contracts, many types of right of withdrawal are presented to the parties under legal guarantee and within the specified period, the right to return from the contract is provided to the individual without paying penalty. Sale of withdrawal rights for a fee is a matter that should be dealt with independently. Although the right of withdrawal is offered for a fee in some conventions, even if it is examined in detail, we can say that these rights do not have a relationship with right of options. On the other hand, when we think in parallel with Islamic jurists who are willing to sell rights and interests, we can say that conditional right of options can be offered for a fee. However, the right to choose the rights of the contract arising from its own nature for a fee is not fair in terms of natural rights and will not be valid in terms of Islamic law. The right of options such as majlis, which is required by the contract in this case can not be paid, however, apart from these, we can say that the cancellation rights added to the contract of individuals subject to their will may be offered for a fee.
Keywords
Islamic law, act, right of option (al-khiyar), withdrawal right, sales.
