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Good Faith Principle in Contract Law: A Comparative Study under Sharīʿah, Islamic Law Jurisdictions with Emphasis on Iranian Law

In: Arab Law Quarterly
Authors:
Ebrahim Shoarian Faculty of Law and Social Sciences, University of Tabriz 29 Bahman Boulevard, Tabriz Iran

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https://orcid.org/0000-0002-5010-7872
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Mahsa Jafari Faculty of Law and Social Sciences, University of Tabriz 29 Bahman Boulevard, Tabriz Iran

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Abstract

Unlike civil law jurisdictions, the good faith principle in Islamic law is a notion not directly discussed, the foundations of which this article seeks to root out through an analysis of related, but distinct, Islamic law doctrines. As such, since Islamic law is a significant source of codification and adjudication in many Islamic countries, the perspective of some MENA countries as well as Iran towards good faith is also explored. In practice, courts and tribunals could invoke the good faith principle where Islamic law or Islamic-based laws govern the contractual relationships. This article contends that good faith permeates every sphere of a contractual relationship, particularly negotiation under Islamic law.

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