PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
May 7, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

Option to slow down A comparative study of Islamic jurisprudence)

AAAseel Al-ShaibaniCollege of LawNANoor al-draisawCollege of Law

Key Points

  • This research aims to analyze the concept of contract law within Islamic jurisprudence, particularly focusing on the principles of freedom to contract and the contemplation period.
  • Comparative analysis of Islamic jurisprudence and relevant legislations.
  • Examination of legal principles governing contract conclusion.
  • Evaluation of the impact of contemplation periods on contract fairness.
  • Identified that simple contracts typically do not require a contemplation period.
  • Noted that Iraqi legislature lacks provisions for contemplation periods unlike French law, impacting contract enforcement.
  • Highlighted the need for protective legal measures to ensure fairness in contractual agreements.

Abstract

As it is known that the contract is based on many legal principles, including (satisfaction and freedom of contract). Since this is the case, it is accepted in the general rules that every person is able to conclude a contract at any time he wishes unless there is a legal impediment that prevents the possibility of immediate conclusion of the contract. The reason for this is the prohibition of immediate contracting, which conflicts with the idea of ​​the principle of freedom of contracting. However, this concept cannot be accepted in cases of simple contracts, and therefore they do not need a period of (contemplation and thinking). However, the development in concluding contracts, whether in terms of the method of conclusion or in terms of the development of goods and services, has prompted some legislations to create what is called (a period of contemplation), which is one of the means that have been put in place to protect the satisfaction of the contracting party, which may be exposed to as a result of injustice and unfairness, and thus not achieving a contractual balance between the contracting parties. This is done by protecting performance according to the will of the contracting party; thus, a balance is based on the qualitative performance of the contracting party. However, we find that despite this, the Iraqi legislator did not stipulate it because he was satisfied with the rule that the contract is the law of the contracting parties, unlike the French legislator.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Al-Shaibani et al. (2025) studied this question.

synapsesocial.com/papers/69fc2b608b49bacb8b34787bhttps://doi.org/10.37651/aujlps.2024.155471.1406
Ask AI
Helpful
Bookmark
Share
View Full Paper