Resolutions-of-Islamic-Fiqh-Council-1

denial of nullification – in case, the excuse exists – is contraryto the reason and religion, because it is like a person, who hadpain in his tooth and hired a person to take out that tooth,however, pain of the tooth died down, then if he forced thehired person to take out his tooth, it would be very bad inreason and religion. What the scholars of the various schoolsof the Fiqh have said about the extra-ordinary circumstancesin lease, they have said the same in agriculture, plantation andirrigation.7. Prophet Muhammad (peace be upon him), his companions andmany scholars of the Islamic Fiqh have given the ruling on thenatural calamities, which destroy the fruits on trees that thevalue equivalent to the loss of the sold fruits would bediscounted from the total value and if the whole quantity ofthe fruit is destroyed, the entire value would be discounted.8. Prophet Muhammad (peace be upon him) is reported to havesaid: “No harm to self and no harm to others.” The Fiqhscholars have derived from this Hadith, a jurisprudence ruleand considered it one of the essential foundations of theIslamic Fiqh. They have based many rulings of the IslamicFiqh on the basis of this rule with the aim of preventing aswell as removing the harm as much as possible.There is no doubt that the contract, which is concludedaccording to its legal system, is judicially binding to theconcluding parties as Almighty Allah says: “O you who believe!Fulfil (all) obligations…'' (Qur’an, 5:1) However, the bindingpower of the contract is not stronger than the textual ruling of theIslamic Shari’ah.The Islamic Fiqh Council has found in the criteria of thereligious commandments and the rationale of legislation in Islamthat hardship, which is generally associated with the religious145