The Reinvestigation of the Evidences of the Lawlessness of Inclusion of Khiyar al-Shart or Stipulated Option in Unilateral (One Sided) Contracts

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AHADI SEIFOLLAH; Haeri Yazdi Mohammad Hassan

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2016 | Volume:- | Issue:13 Page(s): 29-52

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Title

The Reinvestigation of the Evidences of the Lawlessness of Inclusion of Khiyar al-Shart or Stipulated Option in Unilateral (One Sided) Contracts

Author(s)

AHADI SEIFOLLAH | Haeri Yazdi Mohammad Hassan | Issue Writer Certificate

Keywords

Khiyar al-shart or stipulated optionQ1

Unilateral contractsQ2

The generality of stipulated evidencesQ1

The legality of avoidanceQ1

Abstract

many of Islamic jurists (fuqahā ’ ) think the lack of lawfulness in the process of Khiyar al-shart or stipulated option in Unilateral contracts and for proving this, they have established aspects which all of them contain blemish (weaknesses). Their most important reason is ijmae (consensus) which proving and extending it to all Unilateral contracts faces doubt. Therefore, these reasons cannot prevent the impact of the general exigency of stipulated option; the lawfulness of what it is not prohibited by the intellect and Islamic law. The principle of ibaha (permissibility), the principle of validity of contracts (the presumption of law is that all contracts are valid unless proved otherwise) and autonomy which are the lawfulness (authorization) of inclusion Khiyar al-shart or stipulated option in Unilateral (One Sided) Contracts. Therefore, it is proved to leave these reasons rationally, conventionally and Islamic jurisprudence law (Islamic religious beliefs). Of course, Khiyar al-shart or stipulated option does not proceed in some Unilateral contracts because of the obstacles. Therefore, neither from the point of proving or absence of it, the universality of the process of Khiyar al-shart or stipulated option in Unilateral contracts is not valid (true). But the criterion in this issue is the harmony of the reality of Unilateral contracts and its effects with the process of khiyar al-shart on it.

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APA: Copy

AHADI, SEIFOLLAH, & Haeri Yazdi, Mohammad Hassan. (2016). The Reinvestigation of the Evidences of the Lawlessness of Inclusion of Khiyar al-Shart or Stipulated Option in Unilateral (One Sided) Contracts. CIVIL JURISPRUDENCE DOCTRINES, -(13 ), 29-52. SID. https://sid.ir/paper/227261/en

Vancouver: Copy

AHADI SEIFOLLAH, Haeri Yazdi Mohammad Hassan. The Reinvestigation of the Evidences of the Lawlessness of Inclusion of Khiyar al-Shart or Stipulated Option in Unilateral (One Sided) Contracts. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2016;-(13 ):29-52. Available from: https://sid.ir/paper/227261/en

IEEE: Copy

SEIFOLLAH AHADI, and Mohammad Hassan Haeri Yazdi, “The Reinvestigation of the Evidences of the Lawlessness of Inclusion of Khiyar al-Shart or Stipulated Option in Unilateral (One Sided) Contracts,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 13 , pp. 29–52, 2016, [Online]. Available: https://sid.ir/paper/227261/en

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