ARE_410_L10_Contracts_in_the_KSA - ARE 410 Contracts and...

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11/21/2016 1 ARE 410: Contracts and Liability Jorge A.J. Caeiro, Ph.D. Department of Civil and Architectural Engineering Lecture 10 Contracts under Islamic Law Construction and engineering contracts under Islamic law . Outline The legal system of Saudi Arabia can be described correctly as Islamic law, the law of Saudi Arabia, or shari'a law . Many of its substantive law and procedural aspects are similar to, and were received from, other legal systems. Principles in Construction and Engineering Contracts
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11/21/2016 2 There are some principles of Islamic law relevant to engineering contracts . The Quran is not a comprehensive code of law, however it does contain statements requiring the believer to: honor agreements observe good faith in commercial dealings . Contracts in general are divided under Islamic law into two groups: Those specifically named to in Shari’ah (e.g. contracts for sale, for labour, marriage, etc). Those that are not specifically named in Shari’ah and for which there are no provisions. Contracts in general In Islamic jurisprudence a contract means no more and no less than a legal undertaking. For example, a contract does not necessarily involve ‘consideration ’. Differences from the Western law system
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11/21/2016 3 In the Sharia, a contract originates from agreement and consent and not necessarily from the observance of any specific form or procedure.
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