Some aspects of frustrated performance of contracts under Middle Eastern law

Events beyond the control of contractually-bound parties can prevent fulfillment of contractual obligations. If the effect of the events is not so great as to discharge the parties from their obligations, then the contract may be judicially readjusted to enable fulfillment of the partie's obligations. Judicial readjustment can be examined in terms of the shari`a (traditional Islamic law) still applied in Arab states and the modern statutes of these states. The names of uncontrollable events and the distinctions between them vary with the school of thought. Each Arab state is dominated by one sunni school of thought. The Civil Codes of Egypt, Syria, Jordan, Iraq, Kuwait, and North Yemen are almost identical in dealing with the frustration of binding contracts by uncontrollable events. If circumstances inhibit the performance of contractual obligations, a contracting party provides evidence to demonstrate that contractual obligations would cause extraordinary loss, and courts may