Legal and Jurisprudential Characterization of the COVID-19 Pandemic Under Islamic Sharia and Libyan Civil Law: A Comparative Study

Abstract

The coronavirus crisis is a real crisis that has greatly affected various

 areas, prompting most countries to take many decisions and precautionary measures to prevent this pandemic and limit its spread Such as curfews, the closure of facilities, shops, and air and land ports Of course, such decisions have an impact on the contractual balance The contract is based on the principle of Sharia Contract for Contractors. This means that exceptional circumstances or events such as the coronavirus pandemic may occur, making it difficult for contractors to fulfill their obligations. This makes it necessary to learn about the most important theories, such as force majeure and the emergency conditions regulated by civil law in the event of crises and disasters, in order to determine the adequacy of these provisions and their success in creating a legal adaptation to the pandemic. Islamic Shariah has also recognized the principle of Sharia Contract for Contractors and has recognized the need for balance between the parties to the contract. The obligation has to be fulfilled and this is something in which Islamic Shariah is in accordance with modern legal doctrines and has even been mentioned before. The observer of the Islamic jurisprudential heritage finds that there are huge remedies for cases of pandemics where Muslim scholars have known the pandemic and have made possible solutions for them through complete theories such as the theory of pandemics and the theory of excuse.