TY  - JOUR
T1  - The Nullity of Contractsin Civil Law and Islamic Jurisprudence
AU - Jawad Al-Fanahrah, Ali Kadhim AU - Mohd Noor, Noor Farihah Binti AU - Haji Abdul Ghani, Ahmad Bashawir Bin 
JO  - The Social Sciences
VL  - 11
IS  - 8
SP  - 1407
EP  - 1413
PY  - 2016
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2016.1407.1413
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2016.1407.1413
KW  - Nullity
KW  -contract
KW  -civil law
KW  -islamic jurisprudence
KW  -derogation
AB  - This study focus is on discussing contracts that are concluded with a defect in one of the elements which may affect its legality and validity, threaten its existence with abolition as well as affecting the parties of the contract and their rights and duties arising from the contract. One of the implications of such a defect in the contract is that the contract may be considered to be null or it is applicable to nullity. Islamic jurisprudence has the same principles on the validity of contracts in terms of the presence of the contract’s entire elements, so as to be legally generated and become effective. In contrast, the presence of any defects in a contract will affect the validity of the contract and may lead to nullity or become a voidable contract. The aims of this study are the definition of nullity and to explain the types of nullity (absolute nullity and relative nullity) and its direct and indirect effects which may lead to invalidity, derogation, conversion, adjustment of the null contract in civil law and Islamic jurisprudence.
ER  -