Bei ol Khiar from the Viewpoint of Islamic Jurisprudence and its Application in Interest-Free Banking

It is more than twenty three years that passes from passing and implementation of the Law of Interest-Free Banking Operation in Iran. Although it includes many advantages, the entire capacity of Islamic jurisprudence in contracts is not exploited. One of contracts which is neglected in compilation of this law is Bei‘ol Khiar and its likes. Bei‘ol Khiar and its likes are unanimously approved by Shiite jurists in addition to some Sunnite jurists and can have good applications in interest-free banking which is the focus of this article. Basic problems in this paper are as follows:1. What is the jurisprudential verdict of Bei‘ol Khiar and its likes?2. What application Bei‘ol Khiar could have in interest-free banking?Based on these two problems our assumptions are:1. Bei‘ol Khiar and its likes are valid jurisprudentially and are not Riba Trick.2. Banks can use this contract to give facilities to meet any economic activity and need.The proof of these two assumptions has been performed in two parts. The first part discusses the concept of Bei‘ol Khiar and its background in Shiite and Sunnite jurisprudence, the nature of and the arguments for Bei‘ol Khiar and its types. While mentioning the arguments for Bei‘ol Khiar, the questions of Sunni scholars about this contract is posed and answered. In the second part after a glimpse over different types of Bei‘ol Khiar and specifying the ones which could be utilized in allocation of bank resources, jurisprudential capacity of this contract for meeting the needs of demanders of bank facilities is investigated. Then regarding the advantages and disadvantages of this contract, the ideal model of its application in interest-free banking is suggested.