oa Franchise contract and its provisions according to the Islamic jurisprudence compared to civil law عقد الامتياز التجاري وأحكامه في الفقه الإسلامي .. دراسة مقارنة

The present study aims to evaluate franchise contract from the perspective of the Islamic jurisprudence. Franchise is one of the most common contracts prevalent in the modern economy and contributes to local and international economic development. In consideration of its crucial importance and, due to a lack of any normative studies in this regard from the perspective of Islamic Jurisprudence, the current research was initiated. The study includes four chapters, starting with a historical background of franchise contract and its economic importance and negative impacts. Then the research provides a definition to franchise contract, states its elements, liabilities of its parties and ways of its expiry. With a belief that judgment on any matter relays on its conceptualization, the first two chapters aimed to give a comprehensive description of the franchise contract. The study also provides legal description of the contract and the subject matter of the contract. At this stage the study concludes that franchise contract is a new and separate contract which does not fit into any other known contracts. The study also analyzes the problems of Islamic jurisprudence pertaining to franchise contract. It holds up the most appropriate view in addressing such problems. The study tackles the impact of the economic boycott, monopoly practices and the international financial crisis on franchise contract. The study concludes with findings and recommendations.