نوع المستند : المقالة الأصلية
المؤلف
أستاذ مساعد - قسم الفقه وأصوله – كلية الشريعة - جامعة القصيم – المملكة العربية السعودية
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلف [English]
Objectives: The research aims to shed light on the importance of the Council's option in Islamic jurisprudence in general and in the Shafi'i school in particular and its impact when contracting, as this option gives the contractor space to estimate the interest achieved from the contract, and makes the contract is not necessary against him until the end of the Council, and the study aims to show the role of the Shafi'i school in consolidating the provisions of the Council's option and its application to various forms, and the study seeks to show the extent to which the Yemeni Civil Code follows the impact of Islamic jurisprudence to apply this option.
Methodology: The research adopted the inductive, descriptive and analytical approach based on extrapolating the issue in its original sources from the books of the Shafi'i school, with a commitment to the historical critical approach in the graduation of hadiths and historical texts, and the application of the comparative approach by comparing the provisions of the Council's option in the Shafi'i school with the Yemeni Civil Code.
Results: The study found that the option of the Council is the right of each of the disparate parties to terminate the contract unless they disperse or choose, and it is proven in all the necessary netting contracts contained on the objects without benefits, and there are cases in which the Council's option falls: As the contractors separate from the contract council, and by separation, the contract becomes necessary for the contractors that may not be reversed, and that one of the contractors chooses to rescind the contract, if he chooses to fall and the contract is terminated, and if he chooses to sign the contract, the other remains on his option, if he chooses to sign, he becomes The contract is necessary for them, and the Yemeni Civil Code has adopted the provisions of the Council's choice from Shafi'i jurisprudence and organized its provisions according to its perceptions.
Conclusion: This study will clarify the importance of the provisions of the Council's option and its impact on the contemporary Islamic financial discourse by presenting the terms and conditions of the Council's option in Shafi'i jurisprudence and the ability to activate this option in contemporary laws (Yemeni Civil Law as a model), with a recommendation to expand the study and development of contemporary contract forms and take advantage of the Council's option to give an appropriate space to contractors..
الكلمات الرئيسية [English]
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