جائحة كورونا و تأثيرها على الالتزامات العقدية في القانون و الفقه الإسلامي

Other Title(s)

Corona pandemic and its impact on contractual obligations in Islamic law and jurisprudence

Author

المرعيد، حوراء علي حسين

Source

مجلة كلية القانون للعلوم القانونية و السياسية : مجلة علمية محكمة

Publisher

University of Kirkuk College of Law and Political Sciences

Publication Date

2020-02-28

Country of Publication

Iraq

No. of Pages

13

Main Subjects

Law
Islamic Studies

Topics

• Islamic jurisprudence
• Islamic law
• Contracts
• Rent
• Leases
• Judicial decisions
• Labor contract

English Abstract

The spread of Corona virus imposes an economic and legal reality that requires keeping pace with the changes that occurred in the course of contracts, the most important of which are international labor contracts and lease contracts, as solutions must be found to restore the contractual balance and raise the damage suffered by the contractors and to achieve the contractual balance.

That they were before the contract and contracting according to the new situation or applying the theory of emergency conditions to raise the damage to a reasonable extent.

And considering the Corona pandemic as one of the causes affecting contractual obligations, especially its effect on the principle of the contract, the Shari'a of the contractors, that is, the implementation of the contract according to what was contracted for, as the principle of the authority of the will, free will is the source of the binding force of the contract.

But this is not olute, as the justice that granted her the strength of commitment is what allows exceptions to it and discussion of the grounds on which it depends if the principle of the contract is violated, the Sharia of the contractors, and this exception is the Corona pandemic that led to the imbalance of the contractual balance, as a result of the emergency situation, allowing the judge to amend the obligations of the parties to the extent It is reasonable, and we also explained in the scope of the research the concept of the Corona pandemic in Islamic jurisprudence and how to restore the nodal balance.

Data Type

Conference Papers

Record ID

BIM-1267100

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