الشرط الجزائي الالتزامي: الأعمال-الديون

Abstract EN

Praise be to Allah, the Lord of the worlds, and peace and blessings be upon the master of the messengers ,and I testify that there is no God but Allah alone has no partner, and I testify that Muhammad is his servant and Messenger, peace be upon him and his family and companions, and peace be upon him: This is a discussion in which I address one of the issues of contemporary jurisprudence, namely the question of” the penal clause in obligations-acts-debts”, which is one of the issues that occurred, as it was first defined in western jurisprudence, where the delay or failure of one contractor to perform its obligation on time conditional caused harm to the other party, which necessitated that people require in their contracts financial guarantees on the party that is late in the implementation of its obligation on time, or refrain from doing all that, and Western or foreign jurisprudence has called it the penal clause.

Contemporary Islamic jurisprudence has begun to discuss this issue in the seventies and beyond of the twentieth century, after the emergence of the same problem, as the wisdom of the penal clause: to force the parties to the contract, or parties, to fulfill under that contract, and to punish those who violated his obligation materially, or compensate the right of damage because of the breach of the obligation.

This is the subject of our research in these pages, which led me to write on this topic is of great importance; because it is a contemporary topic that directly affects people’s lives, and enters into many of their transactions and actions, and the need for it is urgent, especially after the corruption of people’s conditions and lack of loyalty to them.