مشروعية خيار المجلس : رؤية جديدة

Abstract EN

This research aims to answer a question : How could we grasp the prophet′s saying concerning the contracting session′s option, without satisfaction of the apparent meaning, nor misinterpretation of it ? The research followed inductive and analytic approach of the opinions and the arguments.

The search is distinguished from previous studies by its new perspective.

The search was divided into six sections dealing with the Concept of the Contracting Session′s Option, the views of Islam jurists about it, the arguments of both who are with or against it, presenting other texts on the subject, how some jurists tried to pass from the apparent meaning to other interpretations, and my views and interpretation.

I concluded my paper with the most important result, which is that contracting session′s option depends on traditions, and it exists in contracts related to instant daily transactions, but it doesn′t exist in written and contracts with witnesses.