Applications of the Rule of Sovereignty in the Context of Sales Options

Abstract

The rule of sovereignty is one of the most significant jurisprudential principles, playing a critical role in civil law regulations, particularly in contracts. Meanwhile, sales options are also among the key topics in contracts of sale, which are prevalent issues in society and necessitate thorough examination of their dimensions. The aim of this article is to explore the question: what are the applications and functions of the rule of sovereignty in the context of sales options? This article employs a descriptive-analytical approach and uses library research methods to address the aforementioned question. The findings indicate that based on the rule of sovereignty, the dominion of the owner is one of the well-known principles among jurists, frequently referenced in various chapters of transactions in jurisprudence. In some cases, the only basis for a legal ruling is this very principle, which is of such generality that it encompasses various types of non-prohibited disposals, both substantively and executively. That is, these disposals by the owner are considered legally permissible and lawful from a jurisprudential standpoint and also exert their substantive effects (such as transfer of ownership, etc.). In the realm of options, regarding the waiver of options, reference is made to the rule al-nās musallatūn ʿalá amwālihim (people have authority over their property) in relation to the waiver of the right of assembly (waiver after the contract) and the option of ghabn (disposal by the deceived party before awareness of the deceit).