Validity of the Right of Option for the Creditor of Deceased in Islamic Jurisprudence and Positive Law

Where a person transfers its property to another by a bilateral contract, and before receiving his/her consideration, transferee dies, well-known opinion of jurists (Fuqaha) believe a right of option to rescind a contract for the creditor, so called ‘The right of option for the creditor of deceased’, in case of Sufficiency of assets in the estate to pay debts of the deceased. some of the jurists made this right of option applicable in a case where deceased died in the state of insolvency. After evaluating the views of the jurists and the evidence of aforementioned option, it was concluded that from the well-known jurists’ point of view, the main reason for the right of creditor’s option is, Sahiha Abi Valad. However, since this Shahiha, to be contra the generality of some of the Qur'anic verses, Sahiha Omar ibn Yazid, the legal principles and the spirit of law, it is not applicable and the option is not considered authentic.