Resolutions-of-Islamic-Fiqh-Council-1

The Seventh Resolutionabout Impact of Extra-ordinary Circumstanceson Contractual Rights and ObligationsAll Praise be to Almighty Allah.Blessing and peace be on His Prophet Muhammadafter whom there is no prophet, and on all thosewho followed his way of guidance.The Islamic Fiqh Council during its 5 th session held between8-16 Rabi Al-Aakhir 1402H (2-10 February 1982) reviewed theproblem of a sudden change caused by extra-ordinarycircumstances in the undertaking contracts, which are sighed fordifferent purposes. These extra-ordinary circumstances, whichgreatly affect the balance of both parties’ estimates as thecontract gives each party certain rights and obligations.This problem has certain forms and situations of dealings,which require just and appropriate solutions to those forms andsituations in the light of the Islamic Shari’ah. Some forms of thisproblem are mentioned in the following:1. If a construction contract for a huge building, which requires along period of construction is signed between two parties andits construction and plaster price per cubic metre is fixed at arate of 100 Dinar, while the cost of the basic materials such assteel, cement and wood as well as cost of the labour at thetime of contract is estimated 80 Dinar per cubic metre. Then,an unexpected war or a major happening takes place duringthe execution of the building, breaking the communicationand import links and compelling a major price hike, whichmade the execution of the contract very difficult.141