أحكام استحقاق الأجرة عند نقص استيفاء المنافع وتطبيقات معاصرة في الأحكام القضائية دولة الكويت نموذجاً

Abstract

The research contains a study of the legality of reducing wages in continuous contracts through the provisions of the status of pandemics in Islamic Sharia compared to commercial law in the State of Kuwait. The study also includes discussion about the relationship of wages to benefit and obligation in contracting, and a statement of the theory of emergency conditions, and the consequent obligation to pay the full rent, as happens at the time of closing the shops as a health precaution from the government, to mitigate the spreading the epidemic, and how does the tenant obligate the effects of the contract when he is unable to fully benefit? Especially since the period of precautionary measures has reached for several months, and debts and losses have accumulated on both parties, and judicial rulings have appeared in the court to reduce the rent of the property during the period of government closure, and here the comparison will be made between the provisions of Islamic Sharia, the Commercial Law, and the final rulings on the legality of reducing the rent.