Iraqi Contract Law and Sharia Law: A Blended Concept

Fatimah Abed Mahdi Dahash

Al-Mustaqbal University College

Ayad Abas Hasan

The Islamic university in Najaf

Mohammed Ahmed

Al-Farahidi University

Ahmed Abdulateef Sabti

Al-Nisour University College

Rana Saad Shaker

AlNoor University College

Widad Nagem Abood

Al-Esraa University College

Worod Shehab Ahmed

Ashur University College

Abstract:

Contract law is a crucial aspect that aids in maintaining business partnerships and protecting contracting parties. Businesses can build relationships and engage in transactions more quickly if they comprehend the elements that render a contract enforceable and the potential repercussions of breaching an agreement. However, contract law principles might vary from country to country. Moreover, despite numerous parallels, Islamic and Sharia law treat contract law differently than western law. Furthermore, Sharia law is frequently distinct and more stringent than the laws of many Muslim nations. In this study, the researcher analyzed Islamic and Sharia contract law with Iraqi Contract law to determine whether Iraqi law is a hybrid of Sharia and western law. Despite being slightly more flexible, it was discovered that Iraqi contract law is mainly founded on and adheres to sharia teachings and contractual criteria.

Keyword:

Contract Law, Iraqi Law, Sharia Law.