There is a growing interest in the private laws of Gulf states, and particularly Qatar, because of the applicability of such laws in transnational and local contracts that account for a significant volume of global trade, energy and construction. Islamic law has a negligible, if any, impact on the law relating to termination of contracts, including hardship and force majeure. Termination of contracts in Qatar is chiefly regulated by the Qatari Civil Code and other specialist legislation, as well as significantly the country’s Court of Cassation, which has produced a consistent flow of case law that is binding on lower courts. The Civil Code generally follows the rule that the parties may not unilaterally terminate contracts and that in any event sufficient notice is required. As regards unforeseen circumstances, the Civil Code distinguishes between general hardship and circumstances that render performance impossible. The former may be amenable to adaptation by the courts, whereas the latter effectively serves to terminate the parties’ respective obligations. Qatari law allows the parties to waive force majeure claims in their contracts.

There are three types of contracts under Islamic law: ṣaḥīḥ, fāsid and bāṭil.  Contracts whose essence and attributes are lawful and which have no defects in their elements (aṣl) or characteristics (waṣf) are termed ṣaḥīḥ (valid). It should be stated that in respect of fāsid contracts only the waṣf may be defective, whereas in respect of bāṭil contracts the aṣl of the contract may also be defective. Fāsid is a type of contract permitted by its intrinsic characteristics but not its features. Its irregularity negates its validity, which if cured would make this type of contract valid. The concept of bāṭil relates to a contract whose elements and characteristics are devoid of legality. This difference between fāsid and bāṭil results in a difference of effects. Each of these contracts are divided into different types. Sometimes, the conditions incorporated in a contract also determine the nature of the contract as either valid, irregular, or void. This article discusses these contracts, as well as the requirements pertaining thereto, as well as the types of terms which are included in a contract and their effect on the validity of the contract.