حكم عقد التوريد وسلطة القاضي في تعديله في الفقه الإسلامي

Abstract:

Supply contract has been known recently as a new type. Thus, it is not mentioned in original resources of Islamic Fiqeh (jurisprudence). It is a contract in which the first party commit to deliver specific postponed items periodically in certain time to second party in return for specific amount of money (totally or partially postponed).

It is similar in some aspects to some other well-known contracts in Islamic Fiqeh (jurisprudence) such as Istisna’a contract in case what is meant for contract requires manufacturing. In addition, item debt contract where price is accelerated and when what is meant for contract does not require manufacturing.

Supply contract is most probably permitted in attached thesis. Since it is a new type of contracts which is accepted provided that what is meant for contract, is precisely specified away from danger or ambiguity whether in type or amount or value based on all contract are permitted in case there is no religious restriction.

In addition, supply contract is considered as sustainable one due to time consumed to execute it. Thus, it is subjected to change due to any potential circumference within period of contract which may call for judge involvement to amend contract in case of conflict between contract’s parties.

Procedures of judge power in amending supply contract are varied according to circumferences related to the contract compared to similar Fiqeh cases with plenty of aspects such as contract amendment by postponing executing its commitments till end of emergency. Or amending contract by distributing the loss resulted from emergency equally on the two parties. Or amending contract by extending its period in case judge got confirmation that one of the parties cannot refund. Or termination of contract in what is not yet executed through details prensted in attached thesis.

This version is archived in the Arab International University(AIU) repository for open access and dissemination purposes.

The content of this paper has not been modified from the original publication.

for more information, please visit the official repository of Arab International University (AIU)  https://www.aiu.edu.sy