Can the party possessing the option to void a contract do so without the presence or consent of the other party?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
Voiding a contract by the party who holds the option is permissible without the presence or consent of the other party. This is the view held by Malik, Al-Shafi'i, Abu Yusuf, and Zufar. The evidence presented is that voiding the contract is an act that does not require the consent of the other party for its establishment; therefore, it does not require their presence, analogous to the ruling on divorce. Divorce is cited as an example where rescission does not require the presence of the other party.
Supporting text
Abu Hanifa holds that the option holder cannot void the contract except in the presence of the other party. This is because the contract creates reciprocal rights for both contracting parties, meaning neither can unilaterally rescind it without the other's presence, similar to the ruling regarding a deposit (wadi'ah).