Особенности договорной ответственности в исламском праве

Abstract

The development of commercial relations with the countries of the Arab East requires a deeper understanding of the peculiarities of their legal system, including in terms of the implementation of civil liability measures. The article examines the features of the doctrine of Islamic law, notes various approaches to solving individual issues of liability for breach of contract due to the existence of various maskhabs, characterizes such forms of liability as daman and amana, analyzes the influence of various circumstances on determining the grounds and limits of liability, including force majeure. The practical implementation of these provisions is illustrated by references to the civil legislation of Egypt, Iran, Qatar and the UAE. The author comes to the conclusion that Islamic legislation reflects a rather peculiar perception of legal reality, which does not always coincide with the legal understanding inherent in the countries of the Romano-German or Anglo-American legal systems, although the approaches formed in it show general ideas about the grounds and limits of civil liability for violation of contractual obligations, as well as exemption from they are based on a deep understanding of the need to implement the principle of justice in civil legal relations.