Dissolution as a Remedy for Breach of Contract in Islamic Law as Compared with the Contemporary Laws of Arab Countries and International Instruments
Dissolution as a Remedy for Breach of Contract in Islamic Law as Compared with the Contemporary Laws of Arab Countries and International Instruments
Nisreen Mahasneh
 
Abstract: This article examines the dissolution of contract as a remedy for breach of contract in Islamic law in comparison with the contract laws of selected Arab countries (Qatar, Egypt and Jordan) and international instruments, namely, the United Nation Convention on Contracts for the Sale of Goods, 1980 (CISG)1 and the International Institute for the Unification of Private Law (UNIDROIT) Principles, 2016.2 The focus of this article is on non-rescindable contracts, i.e., contracts that are not rescindable by nature such as sale, lease, works, and employment contracts. The comparative analysis in this article reveals that the approach in Islamic law on dissolution of contract as a remedy for breach of contract is fundamentally different from that adopted by laws in these Arab countries and international instruments. The differences are mainly embodied within the classification of contracts under each in addition to each of them having unique ethical, legal, and economic rationales behind its position.

Please Sign in if already registered Subscriber.

Or

Please Register and make the necessary subscription payment to activate your account.

Adobe Reader