The Principle of Force Majeure in Shariah: A Special Reference to Saudi Contract Law
The principle of force majeure is mainly used in commercial and business contracts. According to Loweel (2008), the traditional rationale for force majeure clauses involved unanticipated events and impossibility of performance whilst the more recent practice has been to use force majeure provisio...
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| 主要な著者: | , |
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| フォーマット: | 論文 |
| 言語: | English |
| 出版事項: |
2018
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| 主題: | |
| オンライン･アクセス: | http://eprints.unisza.edu.my/6000/1/FH02-FUHA-18-21248.pdf http://eprints.unisza.edu.my/6000/ |
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| 要約: | The principle of force majeure is mainly used in commercial and business contracts.
According to Loweel (2008), the traditional rationale for force majeure clauses
involved unanticipated events and impossibility of performance whilst the more
recent practice has been to use force majeure provisions as a broader risk allocation
tool. In Shari’ah, impossibility of performance due to changed circumstances is
known as, Istihalah al-tanfidh. The principle of Quwa Qahira or Quwat al-Qanun is
also observed to be broader than the English doctrine of frustration. It covers both
supervening impossibility and circumstances where the performance has become
substantially different to that initially agreed, resulting in the alteration of the rights
and also the responsibilities under the contract. Special reference also be made to
Saudi where in Saudi contract law, a force majeure event does not terminate the
contract but merely suspends its applicability until performance becomes possible
again. The authors in this paper applied doctrinal analysis as the research
methodology of the topic. |
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