A Study of Lack of Loss of Option with Destruction of the Object

Abstract

One of the juridical rules is that of “lack of loss of option with destruction of the object”. This rule has application in irrevocable contracts, so that it could be claimed that this rule overrides in irrevocable contracts in the realm of options. Contents, evidences, terms, realm and effects of this rule haven’t been studied by researchers of jurisprudence and law and as a result this rule hasn’t been made clear and analyzed in the above mentioned dimensions. This reality shows the existing scientific gap in rule of “lack of loss of option with destruction of subject matter”. Thus the present paper seeks to fill this scientific gap and to study and analyze the rule of “lack of loss of option with destruction of subject matter” in terms of contents, evidences, terms, realm. It also raises the questions about it and presents suitable answers derived from the regulations of Islamic law based on juridical sources following the method of descriptive analysis and desk survey.

Keywords

• jurisprudential rule
• destruction of the object
• loss of option
• irrevocable contracts
• rescission of contracts