الاختلالات في العقود المالية و طرق تصحيحها

Abstract EN

This research highlights the common imbalances between financial contracts and how to right them.

The research tries to answer some crucial questions such as; what is meant by imbalances between financial contracts? What are the criteria of these imbalances? What types of imbalances are there? What are the restrictions of those imbalances? What kind of mechanism can be employed to right such imbalances? What is meant by breaking up the deal? How does it influence the process of correction? What is meant by shifting the contract? And what role does it have? The research applies the comparative، inductive and analytical approach which is based on reading and studying the legal texts، statements of the jurists concerning imbalances between financial contracts as well as analyzing and comparing them.

The research concludes that the Islamic jurisprudence keeps up with the changes that could be utilized by the legal provisions، considering it in instances of preponderance، making decisions on ad hoc basis as well as relying on the general principles of Sharia، with special regard to the continuous changing data about people's lives.

In addition، in unfair contracts، one can easily discern apparent forms of oppression and injustice which are not identifiable or approved by the Islamic Sharia.

It is a guaranteed right by the Sharia to issue rulings and protect contracts from any imbalance.

The research has also recommended that more research work should be carried out on this topic due to the growing banking products of the financial markets so that contracts can be protected from imbalances or shifts.

Moreover، banking alternatives- compatible with Islamic sharia- should be utilized to protect contracts from any imbalance; especially long-term funds for being risky.