حقوق قراردادهاي بين المللي در اسلام

The Law of International Contracts in Islam

This study aims at a brief look at the law of international contracts in Islamʹs view. In the legal system of Islam, international contracts are of high importance as factors providing international mutual confidence. Violating a contract without legal or religious justification is regarded as one of the major sins, and persistence on fulfilling oneʹs promises is among the signs of faith and piety. Transmitted evidences as well as the religious leadersʹ practical way of life testify to this fact. The scope of the international contracts (general and specific) in Islam has been delineated in a way that covers all contractual relationships among Muslim countries. The general conditions of international contracts are divided into two groups: substantive and procedural. Structure, explicitness, and being written are among procedural conditions, which depend on the agreements of the parties to the contract. Competence, legitimacy, and intention are among substantive conditions of international contracts. Compulsion, mistake, transgressing the competence, alluring the representative and resorting to deceitful acts are among factors defacing the intention and will, and thus invalidating the contract.