ISLAMIC JURISPRUDENTIAL-LEGAL EXAMINATION OF WAIVING ALL OPTIONS (KHIYARAT)

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HAJIAN ZOHREH; GHARAMALEKI ALI MAZHAR

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Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2015 | Volume:- | Issue:12 Page(s): 151-172

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Information Journal Paper

Title

ISLAMIC JURISPRUDENTIAL-LEGAL EXAMINATION OF WAIVING ALL OPTIONS (KHIYARAT)

Author(s)

HAJIAN ZOHREH | GHARAMALEKI ALI MAZHAR | Issue Writer Certificate

Keywords

WAIVER OF ALL OPTIONSQ2

OPTION OF VIEWING OR OPTION OF SIGHT (KHIYAR AL-RU’YAH)Q2

IGNORANCE TO THE CONTENT OF THE DOCUMENTQ2

Abstract

Option (khiyar) is a financial right and the owner of option can waive it. What has been propounded is that it is possible to establish a stipulation (condition) under the title “WAIVER OF ALL OPTIONS” in sales and purchase agreement and official documents.Mostly contracting parties (parties of sale) sign the documents without any change or remark. Sometimes they sign the documents with knowledge (consciousness) of that condition which it causes or follows no problem. But sometimes they are ignorant due to that condition i.e. they do not read the documents or do not notice the concept of the condition or stipulation but they sign them. Therefore, this paper with analytic-deductive reasoning method has studied this issue and has proved that firstly, the condition of WAIVER OF ALL OPTIONS from the Islamic jurisprudential and legal perspective is valid and legitimate. But with considering to the stipulation of waiver of some options (khiyarat) such as the option of violation of the desired description (khiyar al-wasf) and fraud option (khiyar al-tadlees) confronts obstacles, the above condition to the mentioned options (khiyarat) has been specified (particularized). Secondly, if a person claims (proclaims) ignorance to the concept of the mentioned document or IGNORANCE TO THE CONTENT OF THE DOCUMENT which contains (includes) this condition if it is possible that he is under ignorance, his claim with taking an oath will stand and is proved but if this ignorance is not possible due to him, his claim is not proved unless he proves his claim by the testimony of witnesses (bayyina).

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APA: Copy

HAJIAN, ZOHREH, & GHARAMALEKI, ALI MAZHAR. (2015). ISLAMIC JURISPRUDENTIAL-LEGAL EXAMINATION OF WAIVING ALL OPTIONS (KHIYARAT). CIVIL JURISPRUDENCE DOCTRINES, -(12), 151-172. SID. https://sid.ir/paper/227250/en

Vancouver: Copy

HAJIAN ZOHREH, GHARAMALEKI ALI MAZHAR. ISLAMIC JURISPRUDENTIAL-LEGAL EXAMINATION OF WAIVING ALL OPTIONS (KHIYARAT). CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2015;-(12):151-172. Available from: https://sid.ir/paper/227250/en

IEEE: Copy

ZOHREH HAJIAN, and ALI MAZHAR GHARAMALEKI, “ISLAMIC JURISPRUDENTIAL-LEGAL EXAMINATION OF WAIVING ALL OPTIONS (KHIYARAT),” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 12, pp. 151–172, 2015, [Online]. Available: https://sid.ir/paper/227250/en

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