Optional Duress

Optional duress, as one of the most widely used types of duress, is divided into three kinds: duress over comprehensive, substitute duress and duress over indeterminate example. The present study, with its subjectology, seeks to evaluate the applicability of the concept of duress to different kinds of optional duress. According to the findings of this research, in case of duress over comprehensive if the subject matter of duress is comprehensive of valid, duress is extended from comprehensive to the example, but if the subject matter of duress is comprehensive of valid and invalid, duress does not affect the elimination of individual effects. Substitute duress is examined in three parts: in the first part where substitute duress is over vertical examples and is specific to independent precepts and its subject matter is two or more alternative examples, there are generally three theories the correct one is that the concept of duress does not apply to the example; in the second part i.e. substitute duress over horizontal examples, there are two theories the correct of which is that the concept of duress does not apply to the first example and only applies to the second and there is no difference between the imperative and positive rules; in the third part where the subject matter of duress is leaving an element or proviso of obligation, under Usuli rules, the principle of obligation fails. In duress over indeterminate example, the correct opinion is that such kind of duress is unreasonable in terms of reality.