The Authenticity of Condition Option in Endowment according to Islamic Jurisprudence 1

One of the classifications of contacts is its division to the binding and permitted. Dissolving the obligatory contracts is not possible, save in the cases the option is proved to one party or both of them or they agree in cancellation of the contract. The binding contracts are also divided to optional and non-optional obligatory contracts. Iran civil code has remained silent in the (in-) feasibility of mentioning the option word in endowment contracts. Thus, there is controversy among the lawyers in this case. Likewise, there is disagreement in this regard between Imamiyah and Sunni scholars. Some have deemed the issue of option correct in the endowment contract while others have deemed such an option null and void but the contract is correct per se. It is concluded in the present paper that the condition of option in the endowment contract is correct and civil code’s silence in this respect is due to its authenticity on the part of the law-maker.