Legitimacy of Contracting Session’s Option

Abstract

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.