معالجة الشريعة الإسلامية لآثار جائحة كورونا (COVID-19)‎ على العقود : دراسة فقهية مقارنة

الملخص EN

This research aims to: Study the impact of the Corona pandemic on contracts, and present procedural paths to address these effects according to the requirements of the nature of each contract, whether by means of termination, amendment, or postponement of the contract, according to basic steps that begin with the jurisprudential depiction of the Corona pandemic (Covid-19) And the jurisprudential rooting of this pandemic, and the impact of this pandemic on supply and contracting contracts, then explaining the Sharia approach in dealing with the effects of this pandemic.

Islamic jurisprudence has not been narrowed by a new calamity, and it has not been able to find a measure for a problem, crisis or pandemic by relying on its original sources from the Holy Qur'an and the noble Prophet's Sunnah, because of its capacity and flexibility factors that make it suitable for all times, places, people and conditions, if we look at it well.

And delve into it, and take into account its purposes, and not be bound by the apparent meaning of its texts.

In view of the great sermons that humanity is experiencing in all countries of the world from the outbreak of the new Corona virus epidemic and its classification as a pandemic by the (World Health Organization), it was necessary for us to discuss the topic (Jurisprudence of pandemics) and the role of jurisprudence and the Islamic economy in addressing its effects, effects and repercussions on the global economy and on relations.

The contractual rights and rights of the various parties, and since the beginning of this pandemic, I have been writing in this paper to show the greatness of Islamic jurisprudence in dealing with this pandemic.

Results: The study concluded with a number of results, the most important of which are: The Corona virus has fulfilled the conditions for pandemics in that it is: a general, sudden and unusual cause of damage that cannot be paid and relinquished from its effects, and prevented from fulfilling the financial obligations that have settled in the debt, which made This pandemic entails legitimate mitigations, and requires exceptional solutions and procedural paths to address the breach of contractual obligations, which are: the termination, amendment or postponement of the contract according to rules and principles that regulate the principle of justice between the contracting parties.