Duty of care in employment contracts (within the framework of the Hanafi school)

The duty of care is a modern concept in contract law that addresses the attention, effort, and diligence a debtor must show in performing their contractual obligations in order to properly fulfill them. This study examines the jurisprudential equivalent of the duty of care in contracts for services, based on classical sources of the Hanafi school of thought. First, the formal expression of the duty of care in Hanafi sources is identified, and how the concept is included in the program of performance in terms of jurisprudential language and methodology is discussed. Then, an examination of the scope of the duty of care is conducted. According to Hanafi sources, the obligations arising from the careful performance of contracts for services (ijārah of persons), agency (wakālah), and contracts for manufacture (istisnāʿ), as well as their impact on contractual liability, are examined. Within this framework, the aim is to determine, from a jurisprudential perspective, what constitutes a behavior that signifies care in the performance of contractual obligations, what kinds of examples are given, and what the impact of a behavior within the scope of careful performance is on contractual liability. Finally, due to the abstract nature of the concept, the question of what "due care" is and how it is determined within the context of contractual liability has been addressed. The factors that determine the limits of the care that the debtor is responsible for in fulfilling obligations arising from service contracts have been examined through Hanafi sources. Overall, the study focuses on identifying the jurisprudential interpretation regarding the fundamental issues of the duty of care.