Principle of Contract Freedom: Contracts and Contractual Conditions
Journal Title: فقه و اصول - Year 2010, Vol 42, Issue 85
Abstract
The principle of justice is among the basic principles of Islamic law, particularly, in the law of contracts. Different legal systems establish and renew legal rulings in numerous cases through this principle. In fact, the essential and formal justice in these legal systems prevents injustice and unfair and tyrannical procedures by designation of the principle of contract freedom. It is tried in this article to take a look at some legal systems, the American Uniform Commercial Code (U.C.C), and the Principles of European Contract Law (PECI) and compare them to Islamic law. We believe that in Islamic law the jurists have, at least in some of their inferences, considered the principle of justice as one of the basic principles for inference of rulings. However, we cannot clearly imply from the legal standards and fundamentals that the principle of justice has been taken as a general principle governing all the legal rulings and regulations, including the law of contracts. We also contend that in the common law system, including the American Uniform Commercial Code, the principle of contract freedom is accepted as a general principle governing the law of contracts; and only if essential and formal injustice is involved, this general principle is designated.
Authors and Affiliations
JalīL QanawāTī
Keywords
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- EP ID EP183063
- DOI 10.22067/fiqh.v0i0.7927
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