Critique and Analysis of Allamah al-Hilli's Theory on the Option of Deception (Khiyar al-Ghabn) and Its Comparison with Contract Law in the Iranian Civil Code

Abstract

This article critically examines Allamah al-Hilli's theory on the option of deception (Khiyar al-Ghabn) and compares it with contract law under the Iranian Civil Code. The study begins by exploring the concept of Khiyar al-Ghabn in Islamic jurisprudence and its position within the Islamic legal framework. Subsequently, Allamah al-Hilli's views on this matter are analyzed, highlighting his theory as one of the most influential in the context of Khiyar al-Ghabn, which has also been reflected in Iranian law. The article further investigates the differences and similarities between Khiyar al-Ghabn in Islamic jurisprudence and the Iranian Civil Code, analyzing the relevant legal provisions. The influence of Islamic jurisprudence on the Iranian Civil Code, particularly concerning Khiyar al-Ghabn, is also assessed. Finally, Allamah al-Hilli's theory is critiqued from various perspectives, and its impact on Iran's judicial practices is examined. The findings suggest that while Allamah al-Hilli's theory has played a significant role in the development of Iranian law, it requires revision and adaptation to contemporary social and economic conditions.