Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Duress and Its Impact on Contracts in the uae Law on Civil Transactions: Analytical Study in the Light of Islamic Jurisprudence

Duress and Its Impact on Contracts in the uae Law on Civil Transactions: Analytical Study in the... This research addresses and analyses ‘duress’ and its impact on contracts, being one of the defects in consent, as regulated by the uae legislators in the Law on Civil Transactions. uae legislators have gleaned duress-related provisions from Islamic jurisprudence, as per its approach to regulation of the provisions of civil transactions. Therefore, this research needs to be referred to the different Schools of Islamic jurisprudence, these being the source of the uae Law on Civil Transactions. The research concluded that there is consensus among scholars of Islamic jurisprudence, as to the fact that duress affects a contract; however, these scholars hold differing views as to the extent of such impact. The research further concluded that the uae legislators have derived the legal regulation of duress from the Ḥanafī and Mālikī Schools of Islamic Sharīʿah—though there are some differences between these Schools—and the research arrives at additional conclusions and makes some recommendations. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Duress and Its Impact on Contracts in the uae Law on Civil Transactions: Analytical Study in the Light of Islamic Jurisprudence

Arab Law Quarterly , Volume 31 (1): 24 – Feb 9, 2017

Loading next page...
 
/lp/brill/duress-and-its-impact-on-contracts-in-the-uae-law-on-civil-UW3Wn0m1XB

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/15730255-12341331
Publisher site
See Article on Publisher Site

Abstract

This research addresses and analyses ‘duress’ and its impact on contracts, being one of the defects in consent, as regulated by the uae legislators in the Law on Civil Transactions. uae legislators have gleaned duress-related provisions from Islamic jurisprudence, as per its approach to regulation of the provisions of civil transactions. Therefore, this research needs to be referred to the different Schools of Islamic jurisprudence, these being the source of the uae Law on Civil Transactions. The research concluded that there is consensus among scholars of Islamic jurisprudence, as to the fact that duress affects a contract; however, these scholars hold differing views as to the extent of such impact. The research further concluded that the uae legislators have derived the legal regulation of duress from the Ḥanafī and Mālikī Schools of Islamic Sharīʿah—though there are some differences between these Schools—and the research arrives at additional conclusions and makes some recommendations.

Journal

Arab Law QuarterlyBrill

Published: Feb 9, 2017

Keywords: duress; Islamic jurisprudence; suspension of contract; illegitimate

There are no references for this article.