Matin Research Journal

Matin Research Journal

The Impact of Considering the Options of Sale as Affirmative or Foundational on the Duration of the Option, Emphasizing the Views of Imam Khomeini.

Document Type : Original Article

Author
Department of Theology Education Farhangian University, Tehran, Iran
10.22034/matin.2025.508032.2347
Abstract
The urgency or delay of the options of sale is a subject of jurisprudential disagreement and pertains to the analysis of the reasons for the options.Given that Imam Khomeini considers some options to be affirmative, this research aims to clarify the impact of this theory on the duration of the sale option.This study was conducted using a descriptive-analytical method and library resources.The findings indicate that according to Imam Khomeini, in the absence of the application of the presumption of the option, the principle is the urgency of the option. Although the option of defect is affirmative, the entire subject of the option of defect in the Mursal Jamil is the "existence of the sale" and urgency does not interfere in the subject of the option; thus, if the generality is established, it necessitates delay.The option of overreaching is affirmative, and in the view of rational individuals, its subject is the "realization of overreaching," which is not confined to urgency; however, it is conditioned on the absence of harm and negligence, and therefore has a customary delay. Imam Khomeini's view on the urgency of the option of deception in sale was not found; however, its urgency is agreed upon by jurists.
Keywords

Subjects



Articles in Press, Accepted Manuscript
Available Online from 09 June 2025