HRMARS - This article examines the theory of unforeseen circumstances in Islamic jurisprudence and its legal implications for the Salam contract. Salam is a forward sale contract characterized by deferred delivery and exposure to fluctuations in prices and delivery conditions, which makes it particularly sensitive to exceptional economic disruptions. The study adopts an analytical and foundational methodology, tracing juristic concepts related to unforeseen circumstances and analyzing resolutions of contemporary fiqh councils alongside the views of classical and modern jurists (Al?Durayni, 1997; Al?Sanhuri, 2011). The research finds that, although Islamic law upholds the fundamental principle of the binding force of contracts, it simultaneously pursues the higher objectives of justice, removal of hardship, and prevention of harm. When exceptional, general, and unforeseen events impose excessive burden on one contracting party, Sharia permits judicial intervention to restore contractual balance by modifying obligations, distributing losses, granting a grace period, or rescinding the unperformed portion of the contract. The study further demonstrates that the Salam contract falls within the scope of this theory, subject to specific conditions related to the nature of the event, its impact on performance, and the absence of negligence on the part of the debtor. The article contributes to the contemporary fiqh of transactions by linking established juristic maxims with current realities, especially in light of global crises that have severely affected Salam and other deferred sale contract.
Jehad S. M. Mhanna (Mon,) studied this question.