دور القاضي في مواجهة الشروط التعسفية في الفقه الإسلامي

الملخص EN

It is not fair to maintain respect for the effects of contractual obligations, if the contract does not comply with the requirements of the typical effects of fair obligations ; because the sound contract that generates the obligation is not only the one in which the wills of the two parties agree to create obligations, but it is also the contract in which the benefits of the contracting parties are commensurate in accordance with the requirements of Islamic law, and this is the essence of the work of the contract judge in Islamic law, by subjecting the contract that includes an arbitrary condition to the measure of doctrinal justice is according to the purposes of Islamic law, and this will only be through the intervention of the judge and the imposition of doctrinal justice that derives its foundations from the principles of Islamic law and from the sayings of the jurists renewing the jurisprudence of calamities by virtue of the fact that Islamic jurisprudence is suitable for every time and for every place.

The arbitrary imposition of arbitrary conditions in consumption contracts is considered one of the jurisprudential issues that the judge in Islamic jurisprudence must address to guarantee the principle of parallelism in rights and obligations in order to achieve the concept of contractual justice in the light of Islamic jurisprudence.