Abstract :
The study of the theory of emergency and compelling circumstances and its impact on the continuing decades of Islamic jurisprudence and law is of great importance, especially in the exceptional circumstances that the country is going through from wars, displacement, displacement, destruction of homes and loss of money.In the first section, I explained the meaning of emergency conditions in jurisprudence and law, and the differences in this meaning between jurisprudential consideration and legal consideration, and then defined force majeure conditions in jurisprudence and law.Then, in the second topic, I dealt with the conditions for applying both the emergency and force majeure theory.Then I mentioned in the third topic the meaning of continuous contracts and the most important types of them, then dealt with the research solutions to the theory of emergent conditions in jurisprudence text and deduction and showed that the contract is terminated or modified and the legal solution to the emergency circumstances, comparing all of this with the positive law.Then the reason for the impact of the theory of force majeure and the dissolution of the contract with it automatically without judging, and that this spoilage has no retroactive effect and the state of guarantee in it, a comparison between jurisprudence and law.
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