HardshipIn Arabic: الظروف الطارئة

Definition

Hardship is an exceptional, general event that could not have been foreseen when the contract was made and that makes performance excessively onerous for the debtor, short of making it impossible. The balance is restored by negotiation or by the court. The debtor is not entitled to stop performing merely because the event occurred.

Force majeure is the different case: performance has become impossible, so the obligation ends or the contract is dissolved. Hardship leaves performance possible and adjusts its weight.

How it varies across the GCC

In Saudi Arabia the route starts with a request to negotiate, and hardship does not let the debtor withhold performance (Civil Transactions Law, article 97). In the UAE, article 224 of Federal Decree-Law No. 25 of 2025, in force on 1 June 2026, allows the onerous obligation to be reduced or the contract to be rescinded. Bahrain (article 130), Qatar (article 171(2)) and Oman (article 159) reduce the onerous obligation to a reasonable level. Kuwait’s civil code was not verified for this page.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Sources

Official texts for the points on this page. General information, not legal advice. An article number is cited only where it was verified.

1. Saudi Civil Transactions Law, art. 97https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/655fdb42-8c96-422b-b8c4-b04f0095c94c/1
2. UAE Federal Decree-Law No. 25 of 2025 (in force 1 June 2026), art. 224https://uaelegislation.gov.ae/en/legislations/4011
3. Bahrain Civil Code, Decree-Law No. 19 of 2001, art. 130https://www.lloc.gov.bh/Legislation/HTM/L1901
4. Qatar Civil Law No. 22 of 2004, art. 171https://www.almeezan.qa/LawView.aspx?LawID=2559&language=ar
5. Oman Civil Transactions Law, Royal Decree 29/2013 (text on qanoon.om), art. 159https://qanoon.om/p/2013/rd2013029/