عوارض تنفيذ عقد التزام المرفق العام : دراسة تقويمية في ضوء الشريعة الإسلامية

Abstract EN

The study aimed at investigating impediments of implementing public utility concession contract.

The study used the inductive methodology to investigate the targets in question.

To gather the required data, a review of literature was administered.

The study came to the conclusions that first; it is advisable to classify impediments of implementing public utility concession contract into two categories: coercive and non-coercive ones.

Second; the first category of the Islamic classification of the impediments is more comprehensive than the third category of the statutory classification of the impediments.

Third, coercing the contracting authority, whether breaches the rules or not, to make compensations for the utility user break the regulations of Islamic Law.

According to Islam teachings, It is unfair to make somebody bear the responsibility for others' mistakes.

The study recommended that the dual classification of the implementations suggested by the current study ought to be adopted.

It also made a recommendation that the compensation the contracting authority coerced, whether responsible or not, to make for the utility user ought to be reconsidered.