The Contract of Sale in Islamic Jurisprudence for Saudi Civil Transactions: A Comparative Study

Abstract

The research problem lies in addressing the concept of the sales contract in Islamic jurisprudence and the new Saudi Civil Transactions Law through a comparative study that examines both fields with great precision and depth, particularly given the scarcity of studies that have addressed this concept, especially since the Saudi Civil Transactions Law was not enacted until 1444 AH. This research aims to achieve several objectives: to clarify the concept of the sales contract in Islamic jurisprudence and the Code in detail—a level of detail lacking in previous studies—and to outline the rulings set forth in Islamic jurisprudence regarding such contracts, and the rules established by the legislator in the law; to compare the jurisprudential rulings on the sales contract under study with the provisions set forth by the law regarding it; to identify the points of agreement and disagreement between them; to assess the extent to which the law was influenced by jurisprudence in the provisions it established for such contracts; to examine the approach taken when formulating those provisions; and to determine the extent of its adherence to a specific school of jurisprudence. The nature of the research necessitated the use of two methodologies: the comparative approach and the analytical approach. The research has reached a number of conclusions, which will be detailed at the end of the study, Among the most important points is that the essential elements of a contract in Islamic jurisprudence and legal systems are: the offer and acceptance, the contracting parties, and the subject matter. Scholars differ on the essential elements of a sales contract, but the prevailing view, held by the majority of Malikis, Shafi'is, and Hanbalis, is that the essential elements of a sales contract are limited to three: the offer and acceptance, the contracting parties, and the subject matter. For contracts to be considered legitimate in Islamic jurisprudence, they must conform to the provisions of Islamic law and not deviate from its scope, and they must aim to achieve a legitimate objective.