Ijab-e Mulzim in Imamiyyah Fiqh, Law of Afghanistan and the Principles of European Contract Law

Ijab-e mulzim  is one of the most important and fundamental issues in the field of contracts. Through taking a comparative approach, the present study seeks to answer to this question that “In case, ijab  is accepted by mujib  for a definite time, is mujib allowed to refuse the ijab in the specified time?” The present research, which has been done in a library and analytical method, shows that according to the famous theory of Imamiyyah foqaha, the answer to the above question is positive; that is, the right of refusal is fixed for mujib up to the time that acceptance of the ijab is affirmed. In law of Afghanistan, ijab-e mulzim is absolutely accepted, and it has stipulated that mujib is not allowed to refuse ijab, unless he has explicitly or implicitly mentioned his right to refuse in advance. Meanwhile, in the Principles of European contract Law, ijab-e mulzim is predicted and provided in a modified and balanced form. Thus, despite the differences in this regard, it seems that the theory envisioned in Principles of European Contract Law is today more supported by legal and rational logic, since the complexity of contracts on the one hand and transnationalization and globalization of contracts on the other, requires the acceptance of such a theory; and thus, mujib should not deviate from ijab, except in specific and certain cases.