نوع مقاله : مقاله پژوهشی
1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
عنوان مقاله [English]
Option of Condition is one of the most widely used legal entities in Islamic jurisprudence and Islamic law and has an impact on the relations between the parties of contracts, which have been explained by the jurisprudents of Islamic denominations. One of the most controversial issues surrounding this option is whether the period of the option should be attached to the contract or can it be disconnected? All Islamic religions have accepted the option of condition itself, but the Sunni jurists do not consider it to be detached. However, the jurists of Imamiyyah and Abu Yusuf Hanafi consider the Option of Detached Condition to be correct. The findings of this descriptive-analytical study show that Imamiyyah and Abuyusef’s theory is stronger due to the existence of rational expediency and to the reasons for the legitimacy of the option of condition and the generality of the tradition “المؤمنون عند شروطهم” which means “The believers are upon their conditions.” and the believers are not bound about this and also the philosophy of legitimacy of the option of condition. As a result, the contract of detached condition will be correct.