المفهوم الواقعي للعقد النفسي۔المشتركات والمتفرقات في الشريعة والقانون

A Realistic Approach to the Concept of Psychological Contract-Meeting and Deviating points of Sharī‘ah and Law (A Comparative Jurisprudential Approach)

Abstract

Contractual relations are indispensable character of human life- since their birth on this earth. Such relations are described mostly in expressed form and very rarely in implied form-commonly known as expressed or implied contract  respectively,  both in Sharī‘ah and Law. However, there are some points in contractual relations, on the other hand, which are neither expressed nor implied rather these are naturally inbuilt in the contracting parties’ minds-technically called physiological part of the contract by the contemporary scholars.  Being a part of almost every contract,   this part is recognized by Sharī‘ah as well as by Law. The present work, therefore, critically analyses the basic theoretical frame work of psychological contract, existing in both legal system. While doing so, the rules and regulations of such typical part of the contract are profoundly described herein along with its (physiological contract) historical development in both legal spectrums.  Findings in the present work reveal that the philosophical background of the psychological contract, in both systems, is predominantly poles apart.  However, commonalities between them cannot be ignored and can be sorted out at many area. Being a typical research method, the qualitative research technique is followed in the present work where the available secondary data, both in Sharī‘ah and Law, has been critically analyzed.