Types of Options in Islamic law

Bachround and aim: A contract is a legal act concluded between two or more people to create a legal effect. This legal effect can be the transfer of ownership, creating an obligation or giving permission. The necessary contract is called a contract that none of the parties to the transaction can violate. Except in cases where the law has given them the right to terminate the transaction. Permissible contract is a contract that any of the parties can cancel at any time. Option is one of the voluntary ways to dissolve the contract. That is, one of the parties decides to continue or terminate the contract with his own will. Choices are rights and can be revoked. This rule has faced many problems with the careful opinion of jurists. Choices are one of the special rulings of Imami jurisprudence and Iranian law, and with this distinction and breadth, it is not relevant in the laws of other countries. In Iranian law, there is no doubt that choices are financial rights, and Article ۴۴۸ of the Civil Code also indicates this in Imami jurisprudence. There is no doubt that choices are rights. Choices in the sentences provided in numerous articles of the civil law have been the concern of the legislator.Ethical considerations: This article was written considering ethical considerations such as honesty, trustworthiness in text analysis, and citation.Conclusion: The aim of this study is to examine the rulings on the types of options in civil law and Imami jurisprudence. Ten options proposed in Iran's civil law are based on jurisprudence and explain the possible conditions for terminating the contract and recognize the necessary right to terminate the transaction according to the legal provisions and types of options for the parties. Option rules are either general, which applies to all options, or specific to some types. Concering the mentioned matter, if it is possible to examine this difference and put aside past grudges and complexes, and establish unity among Muslims according to the example of the honorable verse, "واعتصموا بحبل الله جمیعا و لا تفرقوا"; it will strengthen the Muslims and thus, their independence and their true identity, which is the "united Islamic nation".

کلیدواژه ها:

comparative study ، Options ، Civil Law ، Jurisprudence