The Duration in Conditional Option and its Effect on the Obligation Nature of Sale Contract According to Al-Malikiah School: A Comparative Jurisprudence Study with the Jordanian Civil Law

Abstract

Objectives: This study aims to clarify the concept of obligation, the condition option stated by scholars, explores the period during which a contract becomes binding, highlighting the similarities and differences in the reasons for obligation related to the option period between Malikia and Law and its applications.

Methodology: The researcher adopted both descriptive, analytical and comparative approaches.

Results: There is no comprehensive definition that explicitly prohibits obligation that the duration of the conditional option in the Malikia varies according to the nature of the sold item. As the law, it is determined by either the agreement of both parties or by one party with the consent of another. Both the Malikia and Law agree that the past tense in a contract implies necessity, while present and imperative are contingent upon the consent of the other party. Compensation under the option of condition in law, neither of the compensations is transferred to the other party; rather, remains under the ownership of the owner until agreed period expires.

Conclusion: There are both divergence and convergence between the Malikia and Law. Despite being rooted for centuries, the Malikia continues to offer principles that remain relevant and adaptable to modern legal