The effects of the Option of a Condition from the Perspective of Islamic Jurisprudence and Afghan Civil law

Abstract

When a condition of choice is imposed on one or both parties to a contract, this option creates different effects. This study discusses the effects of the condition of choice from the perspective of Islamic jurisprudence and Afghan civil law. It is very important to study the effects of the condition of choice in contractual matters, to attract benefits, to prevent losses, and to resolve disputes in the contractual area. The purpose of the study is to clarify the effects of the condition of choice from the perspective of Islamic jurisprudence and Afghan civil law and to compare it with the provisions of jurisprudence and civil law in this regard. This study has a bibliographical aspect and a descriptive and comparative method was used in studying the subject. The results of the study show that the contract is not void due to the option clause, the property of the option holder does not leave his property, but the party who does not have the right to option is bound by the contract, the parties are not obligated to deliver compensation during the option period, and if there is an increase or decrease in the contract value during the option period, then complete provisions have been stated in Islamic jurisprudence on this matter, while the civil law of Afghanistan has not foreseen all the cases related to the effects of the option clause.