الملخص الإنجليزي
Islamic jurisprudence organized various transactions among people, and regulated them
by drawing boundaries and setting pillars and conditions for them to be fair and to
achieve justice between dealers, except that it might occur to some contracts some form
of imbalance, and this leads to the nullity of some contracts. In some of them , it can be
corrected according to a principle in sharia that corrects the emergency imbalance to
direct the action of those charged with accuracy and reduces its nullity as much as
possible, in what can be corrected. One of the ways to remedy the defect in contract is
known as the approval of contracts, which this research examined in terms of
jurisprudence in comparison with the civil law in the Sultanate of Oman known as the
civil law of transactions.
The research aims to know the legislative origin of the contract authorization and the
related jurisprudential rules and legislative provisions, who is entitled to leave, the
nature of the contracts subject to authorization and the conditions in which the right to
leave falls, with an indication of what is included in the Civil Transactions Law on that,
following the comparative inductive approach and analytical approach.
The most important findings of this thesis:
- Authorization is a subsequent permission issued by those who own it to approve a
previous contract for the sake of its stability or the enforcement of its effects.
- Each of the jurisprudence and the law stipulated in every contract that is permitted
for the license to be a valid contract, and the role of the authorizing in it is the
implementation of a contract that is totally suspended or part of it, or a declaration
of an enforceable contract threatening falsity. As for a void contract, the authorizing
will not be attached to it and it will not be valid to be permitted. This is the source
of the dispute between the jurists about the susceptibility of some contracts to
authorizing according to their view of the defect that occurred in the contract, is it
breaching permeation or placement?
- A legal ruling permits is the stability of transactions among people and there is
flexibility between them by reducing their invalidity if they deem it wrong with the
permission of the person concerned instead of ruling to nullify them, as well as
maintenance of the actions of the legally competents and their statements of
cancellation as much as possible, and training the unqualified in dealing with the
conclusion of contracts under supervision of his custodian who authorizes what is
in his interest and thus gets impressed about him in the process of dealing.
- As the right to authorize the contract was proven to the person concerned, it will be
forfeited if the contract is no longer valid for authorizing, by nullifying it and
missing it, and also if the reason for which he was able to be authorized has been
removed, as it says in the jurisprudence rule "if the inhibitor is removed the
forbidden returned", and the right for authorizing may be waived for necessity
