أحكام الشرط الجزائي في الفقه الإسلامي

Abstract EN

In our research, we discuss one of the important topics in contemporary jurisprudence, which is "the provisions of the penalty clause in Islamic jurisprudence,” which is one of the new issues, and one of the conditions accompanying contracts in Western law, where fulfillment is due when one of the contracting parties' delays fulfilling his obligation or refuses to implement the obligation on time.

limitation, and this leads to harm to the other contracting party, which necessitated that people stipulate financial guarantees in their contracts on the party who is late in implementing his commitment, or who refrains from implementing, and this is what is called in Western law the penal clause.

contemporary jurists began researching this issue decades ago, as this research began after the emergence of the problem in the reality of transactions, and the wisdom of adding the penalty clause to contracts is to compel the contracting parties to fulfill their obligations stipulated in the contracts concluded between them, and to compensate those who were harmed as a result of the breach of these commitments.

what motivated me to write on this topic is its great importance, as it is a contemporary topic.