The Effect of the Corona Pandemic on Work Contracts: A Jurisprudential Study in Comparison with Kuwaiti Law

Prof. Saleh Al Ali
Professor of Jurisprudence
and Islamic Economics
College of Sharia and Islamic Studies, University of Kuwait

Dr. Ahmed Shlebek
Associate Professor of Jurisprudence
and its Fundamentals
College of Sharia and Islamic Studies, University of Kuwait


This research paper aims to explain the jurisprudential and legal adaptation of the Corona pandemic (COVID-19), and to show its impact on work contracts in Islamic jurisprudence and Kuwaiti law. We divided the research into an introduction, three chapters, and a conclusion. In it, we explained the rooting of the Corona pandemic by studying the principle of excuses and the status of pandemics in Islamic jurisprudence, studying emergency conditions and force majeure in Kuwaiti law, applying all of this to the repercussions of the Corona pandemic, and clarifying its effects, then finding solutions that mitigate the damages caused by the pandemic, jurisprudence, and law. The research followed the inductive, deductive, and comparative method because it fits the nature of the research and is a necessary tool to achieve its objectives.
The research ended with a conclusion that contained the most important outcomes and recommendations. The overall result of the research was that the Corona pandemic had an impact on work contracts, and it had become an emergency circumstance that requires amending the contract if its implementation is cumbersome or rescinding it if it is impossible, pursuant to force majeure. The study also concluded with proposed solutions that mitigate the effects of the repercussions of the Corona pandemic, and recommendations to amend or put articles in the Kuwaiti labor law that show the impact of the Corona pandemic on work contracts and solutions to address those effects, and to develop mechanisms to dodge this crisis.

Key words: Corona, (COVID-19), pandemic situation, termination, excuses, emergency conditions, force majeure, calamities, Islamic economics.

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