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Islamic Finance




Faskh


Arabic (فسخ) for revocation, cancellation, repudiation, etc. In relation to contracts (uqud, sing. aqd), faskh (i.e., faskh al-aqd) is the act of reversing and removal of all the legal effects of the contract, whether what arose in the past and present time and what would unfold in the future. Faskh also involves termination/ severing of the contractual connection between the two parties to a contract.

Faskh is typically a voluntary revocation by the parties (compare: infisakh).

The parties may agree that either one, or both, has/ have the so-called khiyar al-faskh: an option (khiyar) to revoke a contract (aqd) should a party encounter unforeseen hardships and difficulties (that hinder fulfillment of a party’s obligations).



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