The causes of Juristic conflict in the option contracts where Binding

حسني مبروك الضلاعين, عبدالله علي الصيفي


This research deals with the causes of conflict in the provisions of the option rights traded in the financial market and to be externalized on the non binding contracts in Islamic as clause option, sell deposit, and the binding promise, reviewing the sayings of scholars and scientists Between supporters and opponents of this option, Indicating in dispute, and evidence-from both parties, and the statement of the faces of agreement and disagreement.

This research aims to determine what is the right option, and its underpinnings, and the impact of it terms of binding or not, as this latter is the essence of the process to externalize option on it in this research, for its similarity with the not binding sale contracts in Islamic jurisprudence if an option came into it, or from where sell the deposit, which makes sales binding by the seller, and not binding by the buyer, or by binding promise that it is committed by one party to another creates a contract in the future.

The research reached the existence of a draft agreement and differences inclusive, but there are significant differences prevented from measuring the option›s rights on the not binding contracts known as Islamic jurisprudence, not to mention some other problematic issues that relate to the legislator and the extent of his validity to revoke a contract, or in terms of corrupt conditions, or from the person intended side, which is not subject to search.


Option Rights , Financail Market , Financail Derivatives , Islamic jurisprudence



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