Breach of Contract A Comprehensive And Comparative Study Between US Law And Islamic Law with the Application of US And Saudi Arabian Court Cases

Abstract

This comparative study of the law of the United States and Islamic law aims to identify ways in which the two systems may be developed and enhanced. To achieve this end, the study narrows its focus to a specific area of law: breach of contract. A straightforward presentation of US law is followed by an analogous presentation of Islamic law, beginning with the critical question of what constitutes a breach, followed by a discussion of the limitations of remedies and ending with an evaluation of the offered remedies. The comparative investigation adopts a from-the-ground-up methodology in attempting to answer the following questions: How do the two legal systems differ, and why? If an aspect of one system is especially advantageous, can the other system incorporate it to good effect? In addition, the study takes a holistic approach to the legal matters at issue by considering the distinct historical and philosophical backgrounds along with the subtle nuances of difference between the US and Islamic legal systems. The perspective of justice is a central and crucial point of divergence between the two systems, and the conundrum of flexibility versus faithfulness to the principles of law informs the major findings of the study. The practicality of the findings is tested in two ways: by analyzing US and Saudi Arabian courts cases and by examining the awarding of loss of chance. The latter illustrates the tendency of the two systems to hold a similar legal stance despite their different legal structures.