نظرية الظروف الطارئة وأثرها في عقد البيع في ظل جائحة كورونا

Abstract

The study aimed to explain the provisions of the Contingency Theory & an attempt to ascertain its jurisprudential basis & and clarifying the extent of its impact on contracts & the extent to which it is possible for a future or deferred sales contract, whose contractual equilibrium has been affected by the COVID-19 virus, to fall within the scope of the theory's implementation; In order to restore its contractual equilibrium in a way that upholds the principle of justice and alleviates injustice for the contracting parties. The study discussed a number of topics in order to achieve the objectives. this is done by tracking the discussions of the theory in law and jurisprudence books and presenting them in the form of demands; to analyze it and explore the mechanism for restoring the financial balance of the future sales contract affected by the COVID-19 virus & the extent to which the application of the contingency theory can be possible on it. The study concluded that it is preferable for the jurisprudential rules to be the fundamental basis of the theory; Since Islamic law is filled with rules that can serve as a basis for what the theory adopts. And that the future sales contract falls within the scope of implementing the theory, if it is affected by the contingency represented, and if the conditions for its implementation are met.