Resolutions-of-Islamic-Fiqh-Council-1

2. If a party, which has signed an undertaking contract to supplythe foodstuff such as meat, milk, eggs, vegetables etc. to ahospital, university hostel or government guesthouse at a fixedprice for a period of one year. Then, a natural calamity ordisaster took place in the country and prices of the variouscommodities became manifold high making the supplycommitment very difficult.There are other forms of this problem. Then, what is theShari’ah ruling on such cases, which often take place in thepresent time that is characterized with big contracts with thegovernments for constructions of roads, tunnels, bridges,hospital, residential complexes, university campuses and thegovernment headquarters?Similarly, there are contracts signed with big companies toconstruct the industrial complexes and the like, which did notexist in the ancient past. In this situation, whether the contractorwould continue with the same conditions and prices that werebefore the change of the situation or the above-mentioned majorhappenings, whatever heavy losses, he may incur in complianceof the contract and its stipulations, or he may have somerelaxation or remedy from the Islamic Shari’ah, which can adjustboth the parties in a more balanced way and achieve justicebetween the two parties as much as possible.The Islamic Fiqh Council looked into the similar cases in thedifferent schools of the Fiqh and reviewed the related Shari’ahrules, which can be taken into consideration in order to find out asolution in this regard and recommend an appropriate ruling.The Council while referring to the various schools of theIslamic jurisprudence found the following:142