An Objective Approach to Contractual Mistake in Islamic Law

Document Type


Publication Title

Boston University International Law Journal


This article conducts a comparative study of various legal systems' approaches to contractual mistake. Part II of this article explores both the French civil law system and the United States common law system approaches to contractual mistake. Part III, using these civil and common law systems as a point of reference, explores the Islamic law approach to contractual mistake with particular emphasis on reconciling the absence of a mistake theory in Islamic law with the notion of consent. It examines particular safeguards and remedies in Islamic law designed to combat the problems traditionally created by the existence of mistake. Finally, Part IV assesses the merits of the Islamic approach to mistake and concludes that the Islamic solution may no longer play an important role in a modem society whose primary concern is that of protecting the reliance interest of parties.

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Publication Date

Summer 1985