Question about fulfilling contracts/ keeping promises

[ahmad]

As salam alaykum,

My question is, if after agreeing on a contract or promising to do a certain thing, new information arises that if taken into consideration before the initial agreement, could have completely altered it. Do we in such a situation keep the initial promise or are we allowed to alter the agreement accordingly.

Here's a crude example:
X promises Y to deliver a package.
X realizes that this package contains an illegal material.
Therefore X does not deliver the package.

(I know that X's behavior is the obvious thing to do, but what I am looking for is a Quranic rule that governs such behavior)


Here's another one:
X promises Y to buy 10 apples for 10$
The price of apples in the market unexpectedly drops by 50%
X refuses to buy the 10 apples for 10$


Is it X's right to do so, from a Quranic perspective ?


Thank you in advance.

[Joseph Islam]

Dear Ahmad,

Wa alaikum assalam

You have provided two very different examples and thus this ultimately depends on the situation at hand.

Your first example consists of an awareness of something which is against justice, the law and righteousness. Once this information has become manifest to one, their actions are not simply a case of upholding an oath or contract. One must also uphold societal obligations, the law, justice and righteousness. This is paramount.

This also finds support in the Quran where it is clear that an oath should never become a hindrance to doing the right thing which includes justice, upholding societal obligations / upholding the law and remaining righteous.

002.224
"And do not make God (because of your swearing by Him), an excuse / obstacle / a hindrance to your doing good and acting rightly / guarding (against wrong / evil) and make peace among mankind. And God is Hearer, Knower."

004.135
“O you who believe! Be custodians of justice, as witnesses to God, even if it against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), less you deviate, and if ye distort (justice) or decline to do justice, then indeed God is well-acquainted with all that you do” [1]

Your second example is about simple contracts. One has agreed to a contract and market fluctuations are neither the fault of the seller, nor is it against the law, justice and righteousness. This is simply what happens in trade. Prices can go up and they can come down. Hence, in this example, verse 5:1 would apply and one would be expected to honour their agreements / contracts.

It is important to remember that the need for justice, upholding the law and righteousness are very different matters than simply a case of giving ones word to do an action. Every situation is different, hence, blanket/ general responses are often not helpful nor should they be sought. Often, no two situations are exactly alike and the Quran provides the obligation to honour contracts but not at the (ill thought out - 2:225) expense of breaking the law, committing ill deeds or unrighteousness.

However, arguably, one is expected to take serious care of their oaths and what they agree to and not to become a habitual, worthless swearer (hallafin mahinin - 68:10).

068:010
"And yield not to / obey / heed to the type of person (despicable person), ready with oaths / habitual worthless swearer (hallafin mahinin)"

At times, the Quran prescribes punishments for the breaking of oaths (5:89).

I hope that helps, God willing.
Joseph


REFERENCE:

[1] STAND UP FOR JUSTICE
http://quransmessage.com/articles/justice%20FM3.htm

[ahmad]

Thank you dear brother for you response and clarification.


You kindly shared.

It is important to remember that the need for justice, upholding the law and righteousness are very different matters than simply a case of giving ones word to do an action.

This maybe a little unrelated but what should be done if there's a situation where an established law of a certain community/organisation contradicts with one's perception of what is just ? Does one simply leave the place where the established law has effect ?

[Joseph Islam]

Dear Ahmad,

As-salamu alaykum

This maybe a little unrelated but what should be done if there's a situation where an established law of a certain community/organisation contradicts with one's perception of what is just ? Does one simply leave the place where the established law has effect ?

It depends what is meant by 'one's perception' as this will remain very arbitrary and subjective depending on the individual. One's perception may be baseless, unwarranted and may suffer from intellectual myopia. 'In general', one is expected to fulfil one's obligations whether societal or otherwise and obey those in authority (5:1; 4:59). However, if an establish law is against a believer's religion or the law of the land prohibits one to practice their religion, or even causes undue oppression and hardship, then migration should always be considered.

004.097
"Indeed, those whom the angels cause to die while they are unjust to their souls, they shall say: In what state were you? They said: We were weak / oppressed in the earth. They said: "Was God's earth not spacious, so that you should have migrated (Arabic: Hajiru) in it?" So these it is whose abode is hell, and it is an evil resort."

004.100
“And whoever emigrates in the way of God, will find in the Earth places of much refuge and abundance. And whoever forsakes his home as an emigrant to God and His messenger and death overtakes him, his reward is then incumbent on God. And God is Oft-Forgiving, Merciful"

I hope that helps, God willing
Joseph

REFERENCE:

[1] THE CONCEPT OF HIJRAT
http://quransmessage.com/articles/hijrat%20FM3.htm

[ahmad]

Dear brother Joseph,

Thank you for reply.
And may God reward you for your patience and consistent contributions.