Abstract
This research paper discusses the validity of the Council’s option or choice in Islamic legislation. This choice deals with the right of each party in a contract to dissolve the contract or carry it out as long as the parties involved are still in the meeting and have not physically disengaged or left the place of meeting.
This research paper includes an introduction, three chapters and a conclusion divided as follows. The introduction discusses the definition of this option lexically and conceptually. Next, the first chapter includes the differences among the scholars when it comes to this concept, the reasons underlying these differences, and their beliefs. The second chapter includes the arguments of both those who approve this option and those who are against it. The third chapter contains a discussion of the evidence that each side bases his argument on and finally the most acceptable point of view. The conclusion includes the main points that this research reached. Finally, the research paper ends with analphabeticalindex of the references and resources used.
The importance of this research is demonstrated in the way it tackles this option that affects a great number of contracts. By establishing the validity or invalidity of this option, the limit of contractualobligations can be set so that none of the parties may have absolute right to dissolve the contract on their own. No doubt, this is a very important factor in how deals are determined among individuals
The research shows that scholars are not in agreement regarding the validity of this option; some say, it is a valid option while others say that it is invalid. It also shows that the differences among scholars stem from misunderstanding some texts and the apparent contradiction among these texts, and also from the differences in fundamentals. The research also shows that the most commonly acceptable point of view in this consideration is the support of this option by citing some documented, explicit sayings of Prophet Mohammad PBUH, which are trustworthy since they were transmitted via trusted orators. Finally, the research points out that this view was adopted by the majority of Mohammad’s contemporary followers, and that there is a need for establishing this option
Recommended Citation
Abu yehia, Ali Abdallah and Abu Sarhan, Ahmed Shehdeh
(2009)
"The Validity of the Majlis Option in Islamic Jurisprudence,"
UAEU Law Journal: Vol. 2009:
No.
38, Article 3.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2009/iss38/3