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The objective of this article is to analyze the exemption clauses as available in Pakistan’s corporate industry contracts such as insurance, banking and travel industry and their judicial and regulatory controls under the Pakistani, Shari’ah and English contract law principles. Although, the exemption clauses which exclude or limit liabilities of the contracting parties are commonly available in commercial contracts but in Pakistan, mostly these clauses are available in consumer contracts such as insurance, banking and travel industry contracts. This article states that in today’s technology-oriented world, the key progress in the contract area is the common use of the standard printed contracts containing large number of exemptions clauses and terms and conditions in "fine print" limiting, exempting or excluding liability of the suppliers in the widest possible terms. Executing standard printed contracts results in provision of exemption clauses causing commercial exploitations and abuses, however, effective statutory and judicial controls in Pakistan by following Shari’ah and English contract law principles can counter these abuses and exploitations.
Shafqat Mahmood Khan, Muhammad Asim Iqbal. (2021) Exemption Clauses in Pakistan’s Corporate Industry Standard Printed Contracts: An Analysis in Light of Shari’ah and English Law, AFKĀR (Journal of Islamic & Religious Studies) , Volume 5, Issue 1.
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