vol 25 no1, 2025
Ignorance Regarding The Contractual Object Of The Contract In The Context Of Jordanian Civil Law And Islamic Jurisprudence.
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Ignorance Regarding The Contractual Object Of The Contract In The Context Of Jordanian Civil Law And Islamic Jurisprudence.
| Hayat Hassan Abu Sara |
| Faculty of law |
| University of Jordan |
| This email address is being protected from spambots. You need JavaScript enabled to view it. |
| Received : 03/07/2024 Accepted :20/08/2024 |
Abstract:
The study addressed the issue of ignorance concerning the contractual object of a contract within the scope of the Jordanian Civil Law and Islamic jurisprudence. According to the Jordanian Civil law and other civil law systems, for a contract to be valid, the subject matter must be clearly and specifically defined so as to eliminate gross ignorance. However, not all forms of ignorance render the contractual object invalid for contracting, which raises the core issue of this study: What type of ignorance invalidates contracts under Jordanian Civil Law and Islamic jurisprudence? Is it gross ignorance or slight ignorance ? What is the definition of , what are its levels, and how does it affect contracts in general and the contract of sale in particular? By referring to the provisions of the Jordanian Civil law—both in the general theory of contract and in the specific rules governing the contract of sale—and comparing them with Islamic jurisprudence, this study finds that the type of ignorance that invalidates contracts in general is gross ignoranc, not slight ignorance. The research also shows that the methods of specifying the subject matter of a contract are not limited to particular means but vary depending on the nature of the subject and whether it is present or absent at the time of contracting.The study also examined the principles for determining the price in a contract of sale and the legal consequences of ignorance regarding the price. The Jordanian Civil Code stipulates that if the price in a sale contract is deferred or paid in installments, the deferment period must be clearly known. However, the law is silent on the consequences of setting an unknown deferment period for the price. To address this gap, the study recommends that the Jordanian legislator amend Article (483) of the Civil Code to rule the contract invalid in cases where the price is deferred to an unknown date, in line with the Ḥanafī school of thought.
Keywords: Outrageous ignorance, the contract, Islamic jurisprudence, localisation, Journal of Adalah, Al-Ahkam Al-Adilah.