Is the percentage of the liquidated damages clause agreed upon in the contract between the parties to be upheld when calculating the delay penalty, or is the expert's assessment to be relied upon if they disagree?
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Radiif AI Legal Assistant
⚡ Quick Answer:
The percentage of the liquidated damages clause explicitly agreed upon in the contract between the parties shall be upheld, in adherence to the principle that Muslims are bound by their stipulations. Recourse shall not be had to the expert's assessment if it contradicts the clear contractual provision.
Legal References & Citations
القاعدة الشرعية: المسلمون على شروطهم
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