The need for the Fasid (Vitiated) contract in UAE law (A comparative study of the provisions of Islamic jurisprudence and Jordanian law).

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

This study came to shed some light on the controversy of legal and Islamic jurisprudence about the provisions of the invalid contract. The provisions of the invalid contract are still there, despite having previously been presented within the jurisprudence of the Hanafi school. However, the legislator still supports this when stipulating it in the legal texts, which is reflected on the practical side and the lack of judicial rulings, despite the fact that it is considered one of the types of contracts that solve the problem of the collapse of the contract between its parties at a time when Islamic jurisprudence permits the possibility of proceeding with the contract with the reform of what is damaged from a corrupt condition, deception, or a case of coercion that may not affect the intention of the contracting parties. In fact, the uniqueness of the Emirati and Jordanian legislators to regulate the invalid contract within the patterns of their contracts was the impetus for writing on this subject. The purpose was to analyze the logical and practical reasons that demonstrate the importance of implementing these provisions jurisprudentially, legally and judicially, in addition to presenting the opinions against the idea of the invalid contract, despite the apparent confusion of the Emirati legislator between the invalidity of the contract in view of many cases when compared with Islamic jurisprudence.

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