Force Majeure in Islamic Law of Transaction: A Comparative Study of the Civil Codes of Islamic Countries
DOI:
https://doi.org/10.21111/tsaqafah.v9i1.37Keywords:
transaction, contract law, force majeur, nazariyyat al-jawâ’ih, Arab Civil CodesAbstract
This paper attempts to shed lights on the performance of the obligations to a valid contract that can be frustrated by events beyond human control. Such events may have considerable impact on various designated legal principles and rules which is widely known as force majeure. The doctrine of unforeseen circumstances in contemporary legislation, on the main, is expressed in the same term which understandably as result of the origin derivation of the French law le theorie de l’imprévision. Although it is true that there is no such general principle of force majeure in classical Islamic law, the author argues that significant efforts have been made in synthesizing both the Islamic and Western law concepts. Accordingly, despite the fact that the traditional Islamic legal system has its own mechanism to deal with such events at the time of contract, to a certain extent, it has influenced its contemporary form of the concept of intervening conti- ngencies (nazariyyat al-jawa’ih ) as reflected in the Civil Codes of the Arab states. In addition, in response to the exigencies of the ever-increasing problems of modern life which brings with it alien concept, force majeure does not contradict with the provisions of the Shari‘ah since the views of Islamic jurisprudents (fuqahâ) can justifiably be referred to.Downloads
Download data is not yet available.
Downloads
Submitted
2015-02-11
Published
2013-05-31
Issue
Section
Articles
License
The author whose published manuscript approved the following provisions:
- The right of publication of all material published in the journal / published in the Tsaqafah is held by the editorial board with the knowledge of the author (moral rights remain the author of the script).
- The formal legal provisions for access to digital articles of this electronic journal are subject to the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC BY-NC-SA 4.0), which means that Tsaqafah reserves the right to save, transmit media or format, Database), maintain, and publish articles without requesting permission from the Author as long as it keeps the Author's name as the owner of Copyright.
- Printed and electronic published manuscripts are open access for educational, research and library purposes. In addition to these objectives, the editorial board shall not be liable for violations of copyright law.
- It is a serious offense for anyone to publish any article of Tsaqafah without permission.