الظروف الطارئة و أثرها على عقد التوريد في الفقه الإسلامي و القانون : جائحة كورونا أنموذجا

الملخص EN

This study aims to investigate the comparative analytical method to the issue of emergency conditions on supply contract in Islamic jurisprudence and law, and it studies Corona pandemic as a model.

This study includes three main chapters, in the first chapter the researcher defines the keywords of the study.

The second chapter is about the basis of this theory in Islamic jurisprudence and dealing with some issues that are similar to the supply contract, which are in had with emergency conditions.

Finally, the third chapter is the conclusion which is about the theory of emergency conditions impact in law, and the law's position on it.

The conclusion of this study is the findings.

The most important result is the emergency conditions represented by the Corona pandemic led to the breakdown of the contractual balance between the contractors in the supply contract, resulting in a breach of the contents of the contract due to the burden caused by the pandemic to one of the parties to the contract.

The researcher has recommend several recommendations such as the supply contract is one of the newly developed contracts, therefore this contract has a close relationship with economic and social development.

The supply contract has great importance to society, especially in the commercial environment, and accordingly special provisions of the supply contract must be made instead of following the general rules for its organization.