Pursuit of Research on Maintenance Contracts

In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 189 (4/20)

Pursuit of Research on Maintenance Contracts

The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 20th session in Oran, People’s Democratic Republic of Algeria, on 26 Shawwāl – 2 Dhū al-Qi’dah 1433h (13–18 September 2012),

Having examined the research papers submitted to the Academy concerning the Pursuit of Research on Maintenance Contracts,

Having listened to the discussions on the subject,

Having recalled the Academy resolution no. 103 (6/11) on Maintenance Contracts,

Resolves

First: Reemphasizing the above Academy resolution no. 103 (6/11) that “a maintenance contract is a contract according to which one party undertakes to perform regular or casual checking and mending of any rectifiable defect that a machine or any other object needs during a specific period against a specific pay.” The commitment of the maintenance provider may include work only or both work and materials.

Second: Forms of maintenance contracts, which the Academy resolved the postponement of issuing a resolution on them as per its previous resolution, remain pending discussion in a forthcoming session after completion of more specific research and studies on them.

Indeed, Allāh is All-Knowing.

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