Abstract
Open and unconditional deals and contracts usually lead to conflict and controversy between the two Contracting parties. Both law and jurisprudence suggest and recommend a few conditions and provisions preceding such deals and contracts and in this way insure reconciliation between the contracting parties prior to disagreements and conflicts. Literally in Arabic "خيار "applies to option, which plays a vital role in continuity or discontinuity of the contract without allowing any controversy thereto. There are many types of options apply to contracts such as Khῑyᾱr-e-Shᾱrt, Khῑyᾱr-e-Ro’yᾱt and Khῑyᾱr-e-Ᾱῑb etc. in Hindusim, the Ᾱrthᾱshᾱrmᾱ and MᾱnᾱvᾱDhᾱrmᾱshᾱstrᾱ are the basic provisions of law. In these collections the Khῑyᾱr-e-Ᾱῑb has also been disussed. In this article under refrence the legal and juristic status of “عيب خيار / Actio empti” has been discussed in the light of Ᾱrthᾱshᾱrmᾱ, Mᾱnᾱvᾱ-Dhᾱrmᾱshᾱstrᾱ and Islamic Law.
Keyword(s)
Ᾱrthᾱshᾱstrᾱ, Mᾱnᾱvᾱ-Dhᾱrmᾱshᾱstrᾱ, Islamic Law, Khῑyᾱr-e-Ᾱῑb