Does the jurisprudential rule "The contract is the law of the contracting parties" have exceptions in cases where there is injustice in the contract's terms or compelling circumstances that prevent adherence to it?
The phrase "the contract is the law of the contracting parties" is not a textual legal maxim in Islamic jurisprudence; rather, it expresses a legal principle derived from foreign law, meaning that legitimate agreements take the place of law for the contracting parties.
This phrase is not considered absolute unless the contract falls within the bounds and objectives of Islamic Sharia. If it violates Sharia, it must be annulled or amended. Furthermore, any condition in a contract that is impermissible to act upon is null and void, even if there was mutual consent.
In cases where the contract results in harm or injustice to one of the contracting parties, the contract can be rescinded to remove the harm. This is similar to a lease contract, which can be rescinded for an excuse, such as the illness of the hired person, which is the view of the majority of scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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