The Effect of Conduct on the Lapse of the Option of Disadvantage (Khiyār al-Ghubn) between Imami and Sunni Jurisprudence: An Analytical Jurisprudential Study

Abstract

This research examines the juristic impact of disposal (taṣarruf) on the forfeiture of the option of deception (khiyār al-ghabn) in Islamic jurisprudence. The option of deception serves to protect the disadvantaged party in commutative contracts when substantial disparity exists between the exchanged values. The study focuses on whether the act of disposal performed by the deceived party constitutes an implicit indication of satisfaction (riḍāʾ) with the contract, thereby nullifying the option, or whether such an act remains legally irrelevant when performed prior to knowledge of the deception.

Adopting a descriptive-analytical approach, the research surveys Imāmī (Shīʿī) sources and compares them with the major Sunni schools where relevant. The findings demonstrate that the effect of taṣarruf on the lapse of the option depends on three interrelated factors:
(1) the time of the act,
(2) its nature (whether altering the object or merely using it), and
(3) its juristic and customary indication of satisfaction.

The Imāmī jurists condition the lapse of the option on actual or inferred consent, whereas some Sunni jurists emphasize practical stability or alteration of the object as sufficient grounds for forfeiture. The study concludes that a unified juristic framework can be developed to regulate the influence of acts on contractual options in contemporary Islamic jurisprudence.