Resolutions-of-Islamic-Fiqh-Council-1

just solution is jurisdiction of the judicial system. In the light ofthese guidelines and textual rulings that provide an appropriateFiqh solution of this vital issue, the Islamic Fiqh reached thefollowing conclusion:1. In contracts of relaxed execution (like contracts of supply,undertaking or construction) when circumstances of thecontract change in a radical way altering the prices, costs andconditions due to unexpected extra-ordinary circumstancesinflicting the huge losses to the contractor in case of thecontract execution, then the judge can, on request, modify thecontractual rights and obligations in a way that distributes theloss on both parties. He also can nullify the contract, whichwas not executed yet if he found that its nullification is betterthrough a just compensation to the contractor to cover up themajor loss that may incur to him due to nullification of thecontract in order to have a balance between the two parties.The judge will look into these matters in the light of theexperts’ opinions.2. The judge can give the time to the contractor if he found thatthe extra-ordinary situation may go shortly and the contractorwould not incur much loss with this extra time.The Islamic Fiqh Council is of the view that this solutionderived from principles of the Islamic Shari’ah would achieve thebalance between the two parties of the contract and wouldprevent the heavy loss to any of the parties due to a reason,which he has nothing to do with it. The Council is also of theview that this solution is closer to the Islamic Shari’ah and itsjust objectives.Chairman, Islamic Fiqh CouncilAbdullah Ibn Muhammad Ibn HumaidPresident, Supreme Judicial CouncilSaudi Arabia147