The Concept of non-Present Subjects in light of Emirates Civil Transactions Law and Islamic Jurisprudence
The introduction explained the meaning of this title and that the intrinsic purpose for its selection is due to the fact that the Transactions Law was affected by its original source which is the Islamic Legislation Jurisprudence.
In Part (1) I have discussed the effects on the contract due to the absence of contracted goods.
My first topic covers the effects on the contract due to the absence of contracted goods in the denominations of Islamic jurisprudence from the points of prohibiting and permitting citations evidence in legislative references, the "possible" concept of Malkiah and their followers concerning either the sale transaction depending upon described char acteris tics, and the basis of prohibiting sales Transactions of this kind such as far and close distances, cash payment and finally the definition of sale contract based on description.
I have then moved to the study of “selling absent goods on the basis of advance look", conditions of this kind of sale, then the Malkiah’s views towards selling with seeing option condition.
A fter that, the " possible" concept of Al-Ahnaf and their followers was illustrated from both angles of "UN-necessity of contract" and " contract variability and validity".
Second topic concentrated on domination of contract under Emirates Law, as follows:
Application of Ahnaf's jurisprudence in Emirates Civil Trans action Law.
Veritability of contract to Emirates Civil Transactions Law and Jordanian Civil Law.
Differentiation between “seeing option” and the provisions of “awareness of the sale” under Civil Transactions Law and
. Egyptian Civil Law.
This was followed by the “seeing option” subject quoting some examples demonstrated with “provisions of Sale” such as “selling by sample" and “Selling on condition of Tasting" .
Part (2) was started with the subject of “Effects of Physical Seeing on Contract" with regards to” when does the seeing option becomes firm “.” Definition of seeing which proves the Option" , extension of option to cover ownership contracts such as " sales " and " barter " contracts, lease and contract agreements and the " Agreed sharing- Out" .
I have fur there tackled the provisions of the contracting party having the right of option, the time the option becomes proved. the effects of "seeing option" on contract f ate with regards to its implication and lapse, and whether " option right " lapses with the death of its owner.
Last item was the Conclusion.
Al-Shamsi, prof. Jassim Salem
"The Concept of non-Present Subjects in light of Emirates Civil Transactions Law and Islamic Jurisprudence,"
UAEU Law Journal: Vol. 1994:
8, Article 4.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol1994/iss8/4