Does an Extension of Time Clause Prevent a Construction Contract Being Infected by Gharar?

in Arab Law Quarterly
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

This article examines how gharar can infect a construction contract and if and how the extension of time and additional payment clauses can operate to negate the effect of gharar, and whether such provisions are compliant with the relevant articles of Law No. 1, 1987. This is done by identifying how gharar can infect a construction contract, reviewing the applicable laws that apply with respect to a construction contract and then the relevant provisions of FIDIC, Employer’s design forms of Contract.

Does an Extension of Time Clause Prevent a Construction Contract Being Infected by Gharar?

in Arab Law Quarterly

Sections

References

  • 6

    Sami al-Suwailemsupra note 4.

  • 8

    Ibn TaymiyyahAl-Qiyās fī ash-Sharʿ al-Islāmī pp. 26-27; Translation from Mahdi Zahraa and S.M. Mahmor (eds.) “Validity of contracts when the goods are not yet in existence in the Islamic Law of sale of goods” 17 ALQ (2002) 388.

  • 16

    M.H. KamaliPrinciples of Islamic Jurisprudence (Cambridge: The Islamic Text Society2003) Chs. 4 and 5; Interpretation of textual meanings which in order of priority are immediate/implicit (ʿibārat al-naṣṣ) concomitant/alluded (ishārah al-naṣṣ) inferred (dalālah al-naṣṣ) required (iqtidā al-naṣṣ) and divergent (mafhūm al-mukhālafah) derived from words used in the text of the source materials/Articles of the law with further application through analogical reasoning (qiyās) consensus of opinion (ijmaʿ) influences of current practice and customs applicable to the industry as a whole or sections of the industry (ʿurf) juristic preference/equity (istiḥsān) considerations of public interest (mașlahah mursalah) presumption of continuity (istiṣhāb) and personal reasoning (ijtihād).

  • 18

    M.H. KamaliEquity and Fairness in Islam (Cambridge: The Islamic Text Society2005) p. 19.

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 19 19 0
Full Text Views 27 27 0
PDF Downloads 5 5 0
EPUB Downloads 0 0 0