Are the Option of Session and Option of Condition established in binding contracts not intended for consideration, such as marriage and dissolution of marriage (khul')?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 2

Open in Qurani

Primary text

The Option of Session and Option of Condition are not established in binding contracts where consideration is not the primary intent, such as marriage and khul'. This is because the option exists to assess the benefit concerning a revocable consideration, but here, the consideration is not the primary objective. Furthermore, establishing the option in marriage leads to harm.