Equity and Emergency Contracts

Equity as the main path for penetration of morality in law is the foundation of many jurisprudential and legal laws and rules. Equity, as the good behavior of the social conscience, leads to the establishment of true justice in the Islamic society. Accordingly, equity cannot be silent encountering contracts concluded in emergency situations. Basically, contracts concluded in emergency situations are correct contracts but in some cases (when one of the parties who stands in a top position abuses the emergency situation), influence of this contract will be in doubt, because equity disallows abuse of the emergency situation in a contract. In Common Law legal system, according to “the doctrine of unreasonable” in which equity is the main core, equity disallows abuse of the emergency situation in a contract. Similarly, jurisprudents, based on the principle of equity, disallow abuse of the emergency situation in a contract, according to the Rule of “No Harm” (La Dharar) and the Rule of “No Hardship” (La Haraj).