An Investigation into Termination of Contract as a Remedy in Islamic Law and International Documents (A comparative study

• Published in: پژوهش تطبیقی حقوق اسلام و غرب Vol. 9; no. 3; pp. 257 - 286
• Main Authors: mohammad mahdi masoumi, mohammad salehimazandarani
• Format: Journal Article
• Language: Persian
• Published: University of Qom 01.09.2022
• Subjects: international legal documents; islamic law; performance of the obligation; remedy; termination of contract
• ISSN: 2476-4213; 2476-4221
• DOI: 10.22091/csiw.2022.6323.1968

Termination is one of the remedies, or otherwise said warrants, available to the reprieved party in the event that a contract is breached.  Employing a descriptive-analytical method, the present study investigates such a remedy as provided in Imamiyah jurisprudence, as well as Iran and international legal documents. The concept is celebrated across the legal systems, yet there are certain differences inherent to it in Islamic law and international documents. Vehemently stipulated in the Imamiyah, it is incumbent upon the obliged party to perform the subject of a contract, hence, a right to termination of the contract is not reserved. Rooted in Imamiyah jurisprudence, Iran’s law of contracts enshrines the performance of the obligation in the first place, and a right to terminate the contract should the possibilities for the coercion upon the obliged party be rare. Contrary to Iran’s law in which the right to termination falls subsequent to performance of an obligation, the two are accessible alongside each other for the obliged party to choose from in the international legal documents. In other words, as for the termination of the contract, there is no need for a request earlier to (non)performance of the obligation.