المعالجة الشرعية لآثار جائحة كورونا على عقود الإيجار : دراسة فقهية تطبيقية

Abstract EN

This research deals with the negative effects faced by lease contracts due to the Corona pandemic, and the consequent health and preventive measures, and to the interruption of many aspects of the commercial and investment movement, and to address these effects from the legal point of view based on the textual reference of Islam and jurisprudence.

The commercial contracts are based On the relationship of commitment between the two parties to the contract, in order to obtain the benefit in exchange for compensation, many of these contracters are now asking about the legal provisions that relate to them and the duties that they have, to clear their receivables in this world and the hereafter.

the researcher reviews the effects of the Corona on lease contracts and the opinions of the specialists , he looks into legal treatment based on the theory of emergency conditions on the contracts, some of which annulse the lease contract in case of unpredictable change of circumstances of the parties, some Muslim scholars, in the past and present considerd pandamics as a justification for convenience The research concluded that it is necessary to observe the rules of Sharia based on tolerance and facilitation, and to remove harm as much as possible , when dealing with problems that have varied forms of gain and loss under the Corona pandemic, according to the sectors of work and the impact of the pandemic procedures on them, while emphasizing the intent of the sharia to achieve justice between the contractors And that mutual consent to annulment or mitigation is provided in advance of litigation, in order for the contractual movement between the people to continue in reassurance, and their livelihoods will be achieved, exceeding their pandemic.

The researcher also recommended that the effects of people’s lives because of the Corona pandemic, a legal study that rooted the jurisprudence of exptional conditions, and put solutions to the resulting problems, within the framework of Islamic jurisprudence and its higher rules.