The option of session (khiyar al-majlis) in Islamic law

Contracts are concluded in order to achieve their expected purpose. When entering into a contractual relationship, the parties want to be sure that the intended result will be realized and that the contract will not be unilaterally terminated. On the other hand, it is also possible for the parties to need additional time when making a contract, and for some regrets and disagreements may arise after the contract. For these reasons, the institution of the "contracting session" (majlis al-'aqd) was developed in Islamic law and the principle of "unity" was introduced within the framework of this institution, and the institution of "right of option" (al-khiyar) also emerged. In Islamic law, there are different types of right of options (al-khiyarat). While there is a consensus on the legitimacy of some of these, there is a difference of opinion on others. The subject of our thesis, the "right of option of session" (khiyar al-majlis), is one of the most controversial rights. This right of option, which allows the parties to unilaterally terminate the contract, is based on the assumption that the facts of "in'ikad" (establishment) and "lüzûm" (binding) can be practically separated from each other in the contract of sale, in other words, the statements of offer and acceptance are not sufficient for the contract of sale to become binding. In this study, issue of the "right of option of session" (khiyar al-majlis) is analyzed by following a comparative method. First of all, the concept of "majlis" is discussed in detail, and the conceptual and theoretical framework of the khiyar al-majlis is tried to be revealed by analyzing the conceptions of the schools of fiqh and Islamic jurists regarding the majlis. This study targets to identify and analyze the main points of disagreement regarding the legitimacy of khiyar al-majlis, to clarify its legal nature, and to address the provisions regarding khiyar al-majlis from a holistic perspective. There is no thesis-level study on the khiyar al-majlis in the Turkish literatüre. Therefore, this study aims to fill a gap in the field. Keywords: Contract, contract of sale, al-majlis (the session), majlis al-'aqd (contracting session), al-khiyar (right of option), khiyar al-majlis (right of option of session), majlis al-khiyar (session of right of option).