Deal agreement on Iranian law and Imami jurisprudence

Subject Areas : International Legal Research

mostafa yosefzadeh gandvani ¹ (PhD Student in Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.)
javad niknehad ² (Assistant Professor of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran(Author).)
behnam ghanbarpor ³ (استادیار گروه حقوق، واحد قائمشهر، دانشگاه آزاد اسلامی، قائمشهر، ایران. [e-mail])

Received: 2020-05-16 Accepted : 2020-09-17 Published : 2020-11-21

Keywords: financial market, stock exchange, Risk coverage, Trading option,

Abstract :

Bargaining agreements play an important role in reducing transaction risk and increasing the efficiency of financial markets and attract cash capital to production units and factories. On the other hand, the lack of accurate knowledge of the nature of this efficient financial instrument has caused doubts in the use and development through this financial instrument and these contracts should not be common in the financial markets as it should be. The nature of the option contract in the primary markets is determined by the seller's commitment to perform a certain legal action in the future in return for the exchange, and in the secondary markets the transfer of a certain right in return. In this study, we intend to study and analyze the nature, characteristics, effects and provisions of option contracts from the perspective of traditional Iranian law and the teachings of Imami jurisprudence by looking at the economic needs and interests of the country. Regarding the various aspects of the case, Imami jurists will finally conclude that the use of optional contracts is generally legal and sharia, and objections such as arrogance and gambling are not relevant in the said contract and Article 10 of the Civil Code can be the best format. To justify the contract is considered a transaction option and the use of this financial instrument can play a worthy role in the realization of a resistance economy.