Modern-day pandemics“The Corona pandemic and its legal repercussions according to the theory of pandemics in Islamic jurisprudence”

Abstract

Financial transactions in the modern era are exposed to many calamities, pandemics, circumstances and events that have a profound impact on the conduct of contractual relations. Since financial transactions are the backbone of civil life and the focus of many human needs, the law and the holy Sharia have paid attention to them, so that dealing between individuals and concluding contracts according to economic interests is permitted, and any of them that is harmful or has financial corruption is forbidden and prohibited, and because pandemics occur in many transactions between people, and even they Its incidence has increased in our current era, as it has become the focus of attention of researchers and jurists. The Corona Covid-19 pandemic and the restrictions associated with it, such as closures and restrictions on movement, have affected many areas, especially the conduct and implementation of contracts, especially temporary ones, concluded before the outbreak of the epidemic.

Islamic jurisprudence in the past devoted attention to the theory of pandemics, legislated its provisions, established its principles, and laid down several applications for it, especially in Maliki jurisprudence and Hanbali jurisprudence, which are among the applications of the theory of emergency circumstances stipulated in civil laws, which stipulate that an imbalance in the economic balance occurs at a stage subsequent to the conclusion of the contract due to exceptional incidents. Unexpectedly, addressing this imbalance and eliminating the damage resulting from it is based on the provisions of the emergency circumstances theory. As we know, since the beginning of the spread of the Covid 19 virus, the World Health Organization has classified the Corona epidemic as a pandemic, which prompted us to research the nature of emerging pandemics to see the extent of the possibility and validity of adapting the Corona virus as well, and whether it is possible to apply the special conditions of the pandemic theory to the Corona pandemic so that the provisions decided by the jurists in the theory apply to it. Pandemics in Islamic jurisprudence. This is according to a comparative analytical approach to arrive at results and solutions to the research problem