Stipulation of Option in the Bail Contract (Kafala) from the Perspective of Comparative Jurisprudence

Bail (Kafala) is an irrevocable contract. Although under the principles applicable to irrevocable contracts, stipulation of option in these contracts is permitted, the legislator has not declared whether such stipulation is valid or void. Therefore, the main question remains what is the remedy of stipulation of option in bail contract? Different opinions have been suggested by Islamic jurists and it is necessary to determine the valid opinion and accordingly, the legal status through comparative study and criticizing the suggested opinions. The purpose of the present paper is to determine whether stipulation of option in bail contract is valid or void according to valid fatawi (verdicts) through descriptive method and destruction of valid jurisprudence sources and library tools. As the most important result of this research we can say that stipulation of option in bail contract is valid and in addition to the stipulation, the contract is valid as well. Therefore, the legislator is recommended to enact an article and declare the validity of stipulation of option in bail contract and end the current controversies.