Evaluation of the arguments over quality of permission as Kashef and Naqel in contracts made under duress

Well known Imami jurists see the contracts made under duress ineffective and believe that the accuracy and effectiveness of such deals is subject to the permission of the person that has been under duress. Thus, a group of these jurists believe that the expression of consent the effectiveness of the deal starts from the time that permission is issued and technically this permission is called Naqel (vehicle). On the other hand, some others (of well known jurists) maintain that permission makes the transaction effective right from when the beginning. This is technically called Kashef (revealer). Of course, those who believe in the latter disagree on how to choose it. In this paper, the literature on jurists's arguments regarding contracts made under duress is reviewed and by introducing the applied advantages of "Kashf' and "Naql" and the types of Kashf the researcher has investigated the important viewpoints using the credible sources in Fiqh and also the views of Shiite's jurists. Contrary to the view of recent specialists the writer has finally come to the conclusion that permission is effective only if it is of the type of real Kashf.