Corona pandemic and its impact on contracts and transactions according to the theories of emergency conditions and force majeure
DOI:
https://doi.org/10.61841/k4wpq730Keywords:
Corona pandemicAbstract
The research is based on the idea of studying the jurisprudence of the effect caused by the emergence of a new virus on the whole world, according to the classification of developed countries at all levels, especially the level or the medical aspect. It is noticed that this virus caused problems in the public and private lives of people and their dealings. In fact, the study of the jurisprudence of the effect of this virus (Corona) on contracts and transactions is subject to two solid theories found in Islamic jurisprudence among the applicants and contemporaries, which are my theory (emergency circumstances and force majeure), therefore I reviewed the two theories quite well and showed the effects on the contracts in each of them and the means and methods of treatment , with mentioning contemporary applications on the impact of corona on contracts in Islamic law. It reached easy results, including :The scholars considered the Corona virus a pandemic or an effective excuse for completing the contracts, their economics and their budgets , and that the solutions to treat the effects of the Corona virus on the contracts are four solutions : either terminate the contract with an excuse, or place the pandemic, or reconcile the middle, or stop the execution of the contract until the emergency ceases . One of the most important recommendations: that the Iraqi judiciary should consider Kurna as an emergency circumstance in the contracts that happen in the context of exhaustion in its implementation, and a force majeure in contracts that happen to be an impossible milieu in their implementation. Not to consider it a force majeure only.
Downloads
References
Here’s the provided text with the formatting removed for better clarity:
1. The Holy Quran
2. The Impact of Urgent Conditions on the Limitation of Adultery, Imad Abdul Rahim Ahmed Muqata, Master Thesis, submitted to the College of Sharia and Law at the Islamic University of Gaza
3. The effect of excuse and pandemics on the contractual obligations in Islamic jurisprudence compared to the theory of emergency conditions in the Algerian civil law, a note for a master’s degree in Islamic sciences / University of Algeria, the student Harshi Abdel-Rahman
4. Ahkam al-Qur’an, Ahmed bin Ali Abu Bakr Al-Razi Al-Jassas Al-Hanafi (died 370 AH), Investigator Muhammad Sadiq Al-Qamhawi - Member of the Committee for the Revision of the Holy Qur’an Al-Azhar, Publisher Dar Ihya Arab Heritage - Beirut, Date of publication 1410 H
5. The likes and isotopes, Abd al-Rahman ibn Abi Bakr, Jalal al-Din al-Suyuti (died 911 AH), publisher Dar al-Kutub al-Alami, Scientific Edition, First 1411 AH - 1990 AD
6. The likes and isotopes on the doctrine of Abu Hanifa al-Nu`man, Zain al-Din bin Ibrahim bin Muhammad, known as Ibn Najim al-Masri (died 970 AH), elaborated his notes and produced his hadiths, Sheikh Zakaria Omeirat, publisher Dar Al-Kutub Al-Alami, Beirut - Lebanon, Edition First, 1419 AH 1999 AD
7. Originally, Abu Abdullah Muhammad bin Al-Hassan bin Farqad Al-Shaibani (died 189 AH), investigation and study, Dr. Muhammad Buinukalin, publisher Dar Ibn Hazm, Beirut - Lebanon, Edition First / 2015 AD
8. Al-Alam, author Khair al-Din bin Mahmoud bin Muhammad bin Ali bin Faris, Al-Zarkali Damascene (died 1160 AH), Publisher Dar al-Alam for millions, Edition Fifteenth - May 2000 AD
9. Familiarity with the hadiths of the rulings, the author Abu Al-Fath Muhammad bin Ali bin Wahb bin Mutee al-Qushairi, known as Ibn Daqeeq al-Eid (died 706 AH), Investigator Hussein Ismail Al-Jamal, publisher Dar Al-Maraj International - Dar Ibn Hazm - Saudi Arabia - Riyadh / Lebanon - Beirut, Edition Second 1426 AH-2005 AD
10. The beginning of the mujtahid and the end of the economist, Abu al-Walid Muhammad ibn Ahmad ibn Muhammad ibn Ahmad ibn Rushd al-Qurtubi, famous for Ibn Rushd al-Hafid (died 594 AH), publisher Dar al-Hadith - Cairo, edition without edition, publication date 1428 AH - 2007 AD
11. Bada'i Al-Sanayi in the arrangement of Sharia, Aladdin, Abu Bakr bin Masoud bin Ahmed Al-Kasani Al-Hanafi (died 587 AH), Publisher Dar Al-Kutub Al-Alami, Edition Second, 1100 AH - 1989 AD
12. The masterpiece of the needy in explaining the curriculum, the author Ahmed bin Muhammad bin Ali bin Hajar al-Haytami, reviewed and corrected, in several copies with the knowledge of a committee of scholars, the publisher the Great Commercial Library in Egypt to its owner Mustafa Muhammad, edition without edition, year of publication 1447 AH - 1986 AD
13. Juristic Definitions, Muhammad Amim Al-Ihsan Al-Mujddi Al-Barakti, Publisher Dar Al-Kutub Al-Alami (Returning a Class for the Old Edition in Pakistan 1407 AH - 1989 AD), Edition First 1427 AH - 2006 AD
14. The Great Commentary on the Issues of Disagreement Ali Madhab Ahmad, Author Judge Abu Ya`la al-Fur al-Muhammad ibn al-Husayn ibn Muhammad ibn al-Baghdadi al-Hanbali (died 458 AH), Investigator A specialized committee of investigators under the supervision of Nur al-Din Talib, publisher Dar al-Nawadir, Edition First, 1421 M - 2010 AH
15. Refinement of language, author Muhammad bin Ahmed bin Al-Azhari Al-Herawi, Abu Mansour (deceased 670 AH), Investigator Muhammad Awad Marab, publisher Arab Heritage Revival House - Beirut, Edition First, 2001 AD
16. Al-Bayan Mosque in the interpretation of the Qur’an, Muhammad bin Jarir bin Yazid bin Katheer al-Amali, Abu Ja`far al-Tabari (died 310 AH), The investigator Ahmad Muhammad Shakir, publisher Al-Risala Foundation, Edition First, 1420 AH - 2000 CE
17. The Whole of Sciences of Imam Ahmad - Jurisprudence, Imam Abu Abdullah Ahmed bin Hanbal, Author Khaled Al-Rabat, Syed Ezzat Eid [with the participation of researchers at Dar Al-Falah], Publisher Dar Al-Falah for Scientific Research and Heritage Verification, Fayoum - Arab Republic of Egypt, Edition First, 1420 AH - 2009 CE
18. The Collector of Blog Issues, Author Abu Bakr Muhammad bin Abdullah bin Yunis al-Tamimi al-Skali (died 563 AH), Investigator a group of researchers in PhD theses, publisher Institute for Scientific Research and Islamic Heritage Revival - Umm Al-Qura University (series of theses recommended to be printed) Distribution Dar Al-Fikr for Printing, Publishing and Distribution, First Edition 1427 AH-2016 AD
19. Ammunition, Author Abu Al-Abbas Shihab Al-Din Ahmed bin Idris bin Abdul Rahman Al-Maliki, famous for Al-Qarafi (died 684 AH), Investigator A group of scholars, publisher Dar Al-Gharb Al-Islami, Beirut, Edition First, 1997 AD
20. Rawda Al-Talebine and the mayor of the muftis, the author Abu Zakaria Muhyiddin Yahya bin Sharaf Al-Nawawi (died 676 AH), investigation Zuhair Al-Shawish, publisher Islamic Office, Beirut - Damascus - Amman, edition the third, 1415 AH / 1991 AD
21. Sunan Ibn Majah, Author Ibn Majah - Majah The name of his father Yazid - Abu Abdullah Muhammad bin Yazid Al-Qazwini (died 273 AH), Investigator Shoaib Al-Arnaout - Adel Murshid - Muhammad Kamel Qara Balali - Abdul-Latif Haraz Allah, Publisher Dar Al-Resalah International Edition, The first, 1430 AH - 2009 AD
22. Sunan Al-Darqutni, Author Abu Al-Hassan Ali Bin Omar Bin Ahmed Bin Mahdi Bin Masoud Bin Al-Numan Bin Dinar Al-Baghdadi Al-Darqutni (died 385 AH), Achieved and adjusted his text and commented on him, Shuaib Al-Arnaoot, Hassan Abdel-Moneim Shalabi, Abdel-Latif Harz Allah, Ahmed Barhoum, Publisher The Resala Foundation, Beirut - Lebanon, Edition First, 1427 AH - 2006 AD
23. Shari'a al-Islam, the investigative investigator, Abu al-Qasim Najm al-Din Ja`far ibn al-Hasan (died 779 AH), Commentary Grand Ayatollah Sayyid al-Husayni al-Shirazi, Dar al-Ulum for Printing and Publishing, 17th edition 2015
24. Explanation of forty nuclear papers in the authentic hadiths of the Prophet, Taqi al-Din Abu al-Fath Muhammad bin Ali bin Wahb bin Mutee al-Qushairi, known as Ibn Daqeeq al-Eid (died 706 AH), Publisher Al-Rayyan Foundation, Edition Sixth 1427 AH - 2006 CE
25. Explanation of jurisprudence, Ahmad bin Sheikh Muhammad Al-Zarqa (1818 AH - 1878 AH), corrected and commented on by Mustafa Ahmed Al-Zarqa, publisher Dar Al-Qalam - Damascus / Syria, Edition A -II, 1409 AH - 1989 AD, p. 199
26. Jurisprudence and its applications in the four schools, Dr. Muhammad Mustafa Al-Zuhaili, Dean of the College of Sharia and Islamic Studies - University of Sharjah, Publisher Dar Al-Fikr - Damascus, Edition First, 1427 AH - 2006 AD
27. Capitals from Qawasim, Author Judge Muhammad bin Abdullah Abu Bakr bin Al-Arabi Al-Ma’afari Al-Ashbili Al-Maliki (died 540 AH), Investigator Dr. Ammar Talbi, publisher Dar Al-Turath Library, Egypt
28. Islamic Jurisprudence and its Evidence (The Comprehensive of Shariah Evidence, Doctrinal Opinions, and the Most Important Jurisprudential Theories, Realization and Prophetic Hadiths), Dr. Wahba bin Mustafa Al-Zuhaili, Professor and Chairman of the Department of Islamic Jurisprudence and its Foundations at the University of Damascus - College of Sharia, Publisher Dar Al-Fikr - Syria - Damascus, the fourth revised revision in relation to its predecessor (which is the twelfth edition of its illustrated editions)
29. Book Mother, Shafi’i
30. Kitab al-Ain, Author Abu Abd al-Rahman al-Khalil bin Ahmed bin Amr bin Tam
im al-Farahidi (died 170 AH), Publisher Dar al-Kutub al-Alami, Edition First, 1993 AD
31. The Encyclopedia of Qur’anic Sciences and Terminology, Author Sayyid Ali Al-Bahai, Publisher Dar Al-Qalam, 1st edition 2008 AD
32. The Islamic Encyclopedia, the third issue, the International Islamic Encyclopedia, Al-Mawardi Foundation, Publisher Dar Al-Qalam - Damascus / Syria, 1999 AD, pages 26-27.
33. The Book of the Sins, Author Ali ibn Ahmad al-Hakami (died 1377 AH), Investigator Sayyid Abdul-Hadi, Publisher Dar al-Hekma, Edition First 1405 AH - 1985 AD
34. The Book of the Sins, Author Ali ibn Ahmad al-Hakami (died 1377 AH), Investigator Sayyid Abdul-Hadi, Publisher Dar al-Hekma, Edition First 1405 AH - 1985 AD
35. The Book of the Sins, Author Ali ibn Ahmad al-Hakami (died 1377 AH), Investigator Sayyid Abdul-Hadi, Publisher Dar al-Hekma, Edition First 1405 AH - 1985 AD
36. Al-Mahalli Al-Sura in the criminal provisions, Al-Qarafi
37. Understanding Islamic Law, Dr. Muhammad Al-Jariri, Publisher University of Dar Al-Hekma, 2008 AD.
38. Religious pluralism, edited by Dr. Abdul-Munim Muhammad Abdul-Latif Al-Maaz and others, Publisher Dar Al-Fikr, 1999 AD.
39. Jurisprudence between the foundations of the Qur’an and the Sunnah and the requirements of time, Dr. Ali Abdul-Mu’ati, 1993 AD.
40. The Book of the Unforeseen, Author, Ahmed al-Rahbi al-Makki, Investigator: Muhammad al-Makki al-Mahdi, Publisher: Arab Islamic Foundation, Edition First, 1414 AH.
Downloads
Published
Issue
Section
License
Copyright (c) 2020 AUTHOR
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
