The world is experiencing a major economic crisis, due to the spread of the Corona virus, which has caused economic activity to stop in many industrial, tourism and private and public sectors, as well as government institutions; What calls for consideration of the order of the effects of the contracts concluded between the investors with the manufacturers, developers, contractors and suppliers, and the service contracts that have been stopped and benefiting from them during the quarantine of airline reservations, hotels, lounges, etc.
Here the problem lies in the impact of those contracts, especially with the directing of governments to the necessity of dealing with the contracting parties with sufficient flexibility; From the insight of the insolvent, or his analysis of the contract, this necessitates the jurisprudential consideration to address these contractual effects.
The Barakah symposium in its number 40, under the patronage of Sheikh Saleh Kamel (may God have mercy on him), initiated days before his death, to make the subject of pandemics the focus of the global symposium he called for, and the scholars of Islamic law from various countries called for it via the electronic platform «zoom», and several axes were raised Including: future obligations in contracts for financial and financial institutions and the resultant default on debt repayment, contracting contracts, supplies and the like for indecent contracts, leasing contracts, hotel and airline reservations, transportation and shipping services, special education, and fees for public services such as electricity, water and communications, and contracts Working under the pandemic and dealing with its effects, and taking advantage of the funds set aside in Islamic financial institutions and companies, and the subject of faltering sukuk extinguishing.
The study of the possibility of applying the theory of pandemics that preceded Islamic law to it was serious research. Taking into account what was narrated by a Muslim from the hadith of Jabir, may God be pleased with him, that the Prophet, may God’s prayers and peace be upon him, “ordered an incidence of pandemics,” which is a pandemic collection, the origin of which is what happens to the plantation from a pest and damages it. As the hadith of Anas explained that the Prophet, may God’s prayers and peace be upon him, forbade selling fruit dates until they boasted, then he said: “Did you see that God prevented the fruit, with what your brother’s money was worth?” And what the general Sharia rules required to raise the damage and achieve its purposes in preserving Rights, it was originally for the theory of pandemic, and what jurists call "emergency circumstances or force majeure."
After a high-level academic presentation and a free and useful discussion, the blessed symposium came out with a final statement that included the provisions required by Islamic Shari’ah in order to fit this pandemic in many details, the most important of which is that if the right resulted in the customer receiving the benefit and he was insolvent, he must be seen, and if he is well off he must Fulfillment, and that consideration of amending contract rights and obligations is possible, whether they are contracting contracts, supply contracts or similarly inactive contracts, in a manner that distributes the excess amount of loss to the contracting parties, and the parties to the contract may terminate it in all contracts that have not been implemented If the annulment is more suitable for the obligor or obligor, with fair compensation for the obligee.
As for the issue of airline reservations, hotels, halls, education, and the like, what has been taken advantage of must be fulfilled, according to what was decided in the first topic of the distinction between wealthy and insolvent, and unless it is adjusted to consensual between the postponement of contracts until the crisis ends, or its dissolution as required The interest of all, with the necessity of returning the seizure sums for not due.
As for education, it differentiates between what has been fulfilled from it, its fees must be fulfilled, and unless there has been or an evolution in its performance by means of visual technology, the cost with it was less than if it was in attendance, so the obligations are adjusted to what is required by justice between the beneficiary and the institution.
As for work contracts and any interruption in their practice, it differentiates between what he had initiated and what he stopped, according to the requirements of the regulations in force in the states, and taking into account the interest of institutions and workers alike ..
In details that are long explained, legislative and judicial authorities should take advantage of these seminar outputs, and previous collective decisions regarding emergency circumstances, and the jurisprudential and legal research that will follow to lead to such exceptional circumstances, so that matters are clearly defined and easy to apply.
God bless.
«Grand Muftis, Director of Ifta’s Department in Dubai»
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