Means of mitigating the effects of the invalidity of the contract between Islamic jurisprudence and positive law

Abstract

This study dealt with the statement of the concept of means to mitigate the effects of the invalidity of the contract in Islamic jurisprudence and positive law, in which we dealt with the statement of the concept of invalidity, jurisprudence and legal, and the statement of the reasons for invalidity and the means of mitigating the invalidity of the contract through the work of the theories of the reduction of the contract and the transformation of the contract, and the statement of the statement of the legal and jurisprudential concept of these two theories, their provisions and their applications in jurisprudence and positive law. We concluded that Islamic law took the theory of reduction and established it on an objective basis, which is the statement of compensation for each incision or non-reverse of the Iraqi civil law, which was taken the theory on a subjective basis, which is the motive for contracting. We recommend not to rush to invalidate the actions of the assignees and invalidate their contracts