Options (Khiyār) in sale contracts under Islamic law and Turkish law

The concept of muhayyerlik (options in contracts) occupies a significant position in Islamic law. The examination of legal norms that have developed in response to fundamental human needs contributes to the overarching legal intellect (al-ʿaql al-kullī al-ḥuqūqī). In this regard, the present study analyzes three types of options in sales contracts: the option stipulated by condition (sharṭ muhayyerliği), the option by inspection (ru'yet muhayyerliği), and the option due to defect (ʿayb muhayyerliği). The Ḥanafī and Shāfiʿī schools are prevalent in the Anatolian region, where this research has been conducted. Therefore, in order to maintain relevance to contemporary legal practice within this geographical context, the study focuses on these two schools. To establish a clear scope, the analysis is primarily based on the classical sources of the Ḥanafī and Shāfiʿī legal traditions. Not only the final legal opinions (mashhūr/rajih görüşler) of the schools but also their methodological foundations and approaches to scriptural evidence (naṣṣ) have been comparatively examined. Furthermore, the corresponding legal mechanisms in Turkish law related to the subject matter have been studied, relevant provisions have been identified, and comparisons between Islamic law and Turkish law have been presented where appropriate.