Impact of Contingent Incidents on Commitments - Appendix C (Definitions)

Transcription

1. Shari ’ah Standard No. (36): Impact of Contingent Incidents on Commitments Appendix (C) Definitions Contingencies Relating to Legal Competence Incidental change in personal traits which leads to loss of competence and induce mal-disposition. Defects of Will Hidden matters which coincide with the inception of the contract and entail amendments of rights and duties when they occur. Al-Jawa`ih Catastrophes which hit the produce and damage it partially or totally, such as storms and the like. Contingent Incidents (force (force majeure) majeure Abnormal incidents which justify procedures that are not allowed under normal circumstances. Examples of such incidents include wars, internal unrest, and natural catastrophes.(4) Describing such incidents as “heavenly” is to indicate the inability of human beings to avoid them. Examples of such incidents include, for instance, insanity forgetfulness and unconsciousness, Heavenly Incidents Incidents which human beings cannot avoid. It includes also the strict directives of Shari’ah in which the slaves of Allah, the Almighty, have no room for choice.(5) (4) “Mu’jam Mustalahat Al-Shari’ah Wa Al-Qanun”, Al-Qanun”, Dr. Abdul-Wahid Karam (P. 676). (5) “Mu’jam Mustalahat Usul Al-Fiqh” Al-Fiqh”,, Dr. Qutb Mustafa Sano (P. 305). 918
2. Shari ’ah Standard No. (36): Impact of Contingent Incidents on Commitments Istihqaq (Entitlement) Occurrence of the fact that someone else has the full right of total or partial ownership on the sold property.(6) It can also be defined as existence of other verifiable claims of right on the property which one party pledged to deliver to the other.(7) (6) “Al-Khiyar Wa Atharuh Fi Al-’Uqud” (P. 478). (7) “Mu’jam Mustalahat Al-Shari’ah Wa Al-Qanun” (P. 37). 919