The Comparative Study of Good Faith in Islamic Jurisprudence (Fiqh), Foreign Laws and International Documents

There is no agreement about the necessary consideration of good faith among the legal systems as a contractual duty. Some of the legal systems (mostly civil law systems) regard the consideration of good faith to be a requisite for necessity, advantage and justice, conversely, the other legal systems (mostly common law systems) with regarding the principle of autonomy of the parties and the principle of legal certainty do not view the violation of good faith creating responsibility for parties. But the position of Islamic jurisprudence is not obvious. Meanwhile, it is understood the necessary duty (consideration) of good faith from some Islamic jurisprudential institutes, it is difficult and doubt to deduce a public and enforceable principle. This note is going to study the all capacity of Islamic jurisprudence (fiqh) in order to induce an Islamic jurisprudential principle as the necessary duty (consideration) of good faith. Even though, in last assessment it seems that the Islamic jurisprudence from the point of the absent implication to good faith as a common and necessary principle is more like the common law systems (like England legal system).