The Principle of Good Faith in the Execution of the Contract in Islamic Jurisprudence and Civil Law A Comparative Analytical Study

Abstract

This research deals with a comparative analytical study of the principle of good faith in the execution of the contract in both Islamic jurisprudence, Libyan civil law, and modern French civil law, with the aim of showing the conceptual and functional development of this principle and its transformations from an ethical basis to a binding legal principle in the general theory of contract.

The research proceeds from a major problem represented in the extent to which the principle of good faith has evolved from a mere interpretive criterion of the contract to a legal instrument governing the conduct of contractors, capable of reshaping contractual obligations and adjusting the balance between the parties to the contractual relationship.

The research relied on the comparative analytical method by tracing the historical roots of the principle in Roman law, analyzing its development in French and German civil jurisprudence, and explaining its scope in Libyan civil law, while highlighting the intentional perception of it in Islamic jurisprudence.

The research concluded that the principle of good faith has witnessed a fundamental development in comparative jurisprudence, as in modern French law, it has become a comprehensive general principle that extends to all stages of the contract, while in the Libyan civil law it is still limited to the scope of interpretation and implementation, while Islamic jurisprudence presents an integrated concept that combines the ethical and legal dimension in regulating transactions.

The research concludes that the principle of good faith represents one of the most important modern tools for reconstructing the general theory of contract, because of its role in promoting contractual justice and achieving balance between the parties to the legal relationship.