Abstract

This chapter tackles the notions of performance, termination, and rescission of contracts under Islamic law. The importance of contracts for the preservation of the Islamic umma dictates that termination is perhaps not as straightforward as in the civil law tradition, even if the parties are subjected to pertinent notifications. The performance of the underlying obligations becomes mandated upon parties when a contract becomes binding. The chapter explains how the termination of the contract (Inhā-al-ʿAqd) absolves the parties from their contractual obligations, despite the possibility of still being liable for damages or restitution. It discusses the modes of rescinding contracts if an acceptable justification is available.

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