Effect of Final Date on the Regulations of Rent Contract A Comparative Study between Islamic Laws and Civil Law

Year: 
2006
Discussion Committee: 
Supervisors: 
Dr. Jamal Ahmad Zaid Al-Kilani
Authors: 
"Muhammad Al-Mahdi" Wafeeq Sami As-Sayeh
Abstract: 
Thank God Almighty and all blessings and Glory on our Prophet, may God bless him. Learners of Islamic jurisdiction and Civil one were interested on the Rent Contract, and they took it seriously to the degree they considered it as one of the named contracts. The most significant characteristics of this contract is timing, or the final date, as it is a vital factor that distinguishes the rent contract from the other contracts, and the full knowledge of its terms is an important conditions for its accuracy. Rent contract is one of the necessary contracts, as no partner can deny it alone by himself, and .it is denied by certain reasons as the absence of any gain from the contract or the mutual agreement. It is natural that the contract comes to its end by coming to the end of the scheduled date, but there are two cases where the rent contract remains valid, the first is the understood agreement between the two parties, the matter called by the learners as silent renewal of the contract, the second case comes without the acceptance of the parties, but it is renewed for necessity or through the law regulations. At the forward part of my study I dealt with defining the rent contract, its legality and types. In the first chapter I discussed the importance of timing at contracts, as rent contract, and the knowledge of the final date is a condition of the contracts validity, and that the ignorance of timing denies the contract. In the second chapter of the study the methods of ending the contract at the Islamic and Civil regulations. Then I compared the two laws. At the third chapter I discussed the Islamic and Civil law point of view about the automatic renewal of the contract, compared them, then discussed the same point of view of the Islamic and Civil laws about adding time for the contract period and compared them. Finally, I put forward the conclusions and the recommendations I achieved, asking God to help me.
Pages Count: 
151
Status: 
Published