The FIDIC Red Book From Islamic Perspective (Adaptation Of Shari‘a Ruling On Fidic Red Contracts)

كتاب الفيديك الأحمر من منظور إسلامي (التكييف الشرعي لعقود الفيديك الأحمر)

Abstract

The books of the "FIDIC” are an example of contemporary human development in the field of construction, building and development, and its detailed contracts, especially the "FIDIC Red Book", is an integrated formula that keeps pace with the successive development in the construction and industrial real estate sector. It is relatively stable that makes it possible to study and extract the principles that builds upon it, and thus, this research aim to highlight the assimilation of the Islamic perspective of the newly developed contracts and to clarify the jurisprudential adaptation of the "FIDIC Red Book". A descriptive approach was used in order to achieve the results of the research through content analysis method, where the knowledge related to the research was surveyed and classified in the FIDIC Red Book; And extrapolation of connotations that investigates the meanings targeted in It’s chapters and clauses, while tracking the relevant terms and models from the Islamic perspective, analyzing and inspecting their controls and perceptions from the Islamic perspective, as well as benefiting from contemporary collective diligence on the calamities of the newly developed contracts from the Islamic perspective so as to enable the legal adaption of the FIDIC Red Book. The researchers have concluded that the “FIDIC Red Book” in its main contracts is close to the istisna‘ and parallel istisna‘ contracts from the Islamic perspective. Undoubtedly, a statement on the legitimacy of the “FIDIC Red Book” from the Islamic perspective will contribute to solving the contractual problems for which these contracts were formulated, especially since many Islamic countries have incorporated most of their organizations in engineering consultancy into the membership of FIDIC, thus the legal provisions in these countries are issued in line to the unified books of construction and reconstruction contracts.