Analyzing the possibility of referring to the insolvency Khiyar (option to dissolution) in the law with a special view on the opinions of Hanafi jurists

The insolvency Khiyar, which is derived from Islamic jurisprudence and has been cited by jurists despite not being explicitly mentioned in the law, is an option that have been discredited in current law. Because the forthcoming research shows that, on the one hand, there is a lot of speculation about the scope of this Khiyar for every insolvent person, and on the other hand, the possibility of exercising this Khiyar against the insolvent person is in conflict with the rights of his creditors. In jurisprudential sources, the most important evidences for the existence of this Khiyar is the prophetic tradition that has not been studied and in the opinions of jurists who have been influenced by jurisprudential opinions, principles such as the necessity of contracts, the principle of equality between creditors have been ignored. The approach of this article is based on: The impossibility of invoking the insolvency Khiyar and even the impossibility of returning the goods in sale (without exercising the right of dissolution) against the insolvent person is based on observing the principle of equality between creditors and accepting the existence of entail for the seller by refusing to deliver the goods in sale.