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Article . 2024
License: CC BY
Data sources: ZENODO
ZENODO
Article . 2024
License: CC BY
Data sources: Datacite
ZENODO
Article . 2024
License: CC BY
Data sources: Datacite
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JUDICIAL PROTECTION OF THE CLIENT'S RIGHTS IN THE REAL ESTATE FINANCING CONTRACT IN ISLAMIC BANKS IN THE SULTANATE OF OMAN

Authors: Alshaaibi, Saif Ali Saif Abeed; Bin Jaapar, Ghazali;

JUDICIAL PROTECTION OF THE CLIENT'S RIGHTS IN THE REAL ESTATE FINANCING CONTRACT IN ISLAMIC BANKS IN THE SULTANATE OF OMAN

Abstract

Abstract: The study discussed the issue of judicial protection of the client's rights in the real estate financing contract in Islamic banks in the Sultanate of Oman, as it aims to clarify the position of Omani legislation and the judiciary on determining the right to judicial protection of the client's rights in the financing contract related to real estate in Islamic banks in the Sultanate of Oman, by extrapolating and analyzing the comparative legal rules in the legislation under study. Then it addresses the opinions of jurists and judicial rulings as they are two sources of interpretation of the law, and explains the solutions and proposals provided by jurisprudence with reliance on judicial rulings, as they are the main document in clarifying the practical application of the issue. The study adopted the inductive and analytical approaches, and the study concluded with the following results: The real estate financing contract in Islamic banks in the Sultanate of Oman is one of the contracts of adhesion; which acquires a protective characteristic required by law for the adhering party, which is the client. Therefore, the authority of the judiciary in determining the right of protection for the client is represented in interpreting doubt and ambiguity in the interest of the client, and the judiciary may intervene in amending or canceling the conditions if they include arbitrariness that harms the client's interest, but the Omani legislator did not frame this intervention with a specific standard; And made that within the efforts of the judge of the subject matter. Therefore, it is not possible to interfere and appeal his ruling before the Supreme Court. The researcher believes that in order to stabilize contracts and stimulate economic activity; it is necessary to set standards, controls and legal texts that the judiciary cannot exceed, whether in interpreting ambiguity or in stating arbitrary conditions in the real estate financing contract; otherwise, the ruling will be considered invalid and not recognized, due to some legislations.

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Keywords

Judicial protection;customer rights;real estate financing contract;Islamic banks., Hukuk Sosyolojisi, Microeconomic Theory, Mikroekonomik Teori, Sociology of Law, Judicial protection, customer rights, real estate financing contract, Islamic banks

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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