Applying jurisprudential rules in the Saudi civil transactions law

 Applying jurisprudential rules in the Saudi civil transactions law

Jurisprudential principles are one of the most important foundations upon which Islamic law is based. They bring together similar rulings under general principles that contribute to understanding legal texts and applying them to different situations. 

With the issuance of the Civil Transactions Law in the Kingdom of Saudi Arabia, the importance of these rules emerged as a reference that helps interpret regulatory provisions and understand their objectives, thus achieving justice and stability in civil transactions. 

What is meant by jurisprudential rules?

Jurisprudential rules are general principles and provisions derived from Islamic law and foreign legal systems that are used to resolve disputes before the courts.

Jurisprudential rules are formulated in short and concise terms to cover most issues and facts in which disagreement occurs between people, whether in contracts, personal status, etc.

What is the importance of jurisprudential rules in the judiciary?

Jurisprudential principles are one of the most important sources a judge relies on when issuing a judicial ruling. They are derived from the provisions of Islamic Sharia and contribute to clarifying the ruling to the parties involved in the case.

Opponents can also rely on jurisprudential rules when formulating defenses or submitting requests so that the judge is convinced of the validity of their claim and decides between them.

When do jurisprudential rules apply in the civil transactions law?

When do jurisprudential rules apply in the civil transactions law?

Article 720 of the Saudi Civil Transactions Law includes 41 jurisprudential rules that are resorted to when there is no legal text that can be applied to the case, whether when issuing a judicial ruling or drafting a legal memorandum.

Understanding jurisprudential rules and their applications in the civil transactions system can be complex in some practical cases. 

Therefore, a specialized lawyer from the office of Lawyer Abdul Majeed Al Rashid will help you clarify the legal aspects related to your rights and obligations, and provide accurate legal advice appropriate to your situation.

What are the jurisprudential rules contained in the Saudi Civil Transactions Law?

Jurisprudential rules of proof

• Things are by their purposes.
• The custom is strict.
• Appointment by custom is like appointment by text.
• What is usually forbidden is like what is truly forbidden.
• Certainty only disappears with doubt.
• The basic principle is that what was remains as it was.
• The original is acquittal.
• The origin of incidental adjectives is regret.
• The original is to add the accident to its earliest times.
• No statement is attributed to a silent person, but silence in the context of the need to make a statement is a statement.
• The significance is irrelevant in the statement interview.
• There is no point in thinking that is clearly wrong.
• Damage removed.
• The damage is still there without the same.
• More severe damage is paid for by less severe damage.
• Preventing harm takes precedence over bringing benefits.
• If the impediment and the requirement conflict, the impediment is presented.
• Hardship brings ease.
• Necessities are valued according to their value.
• Being forced does not invalidate the right of others.
• The origin of speech is truth.
• It is better to use words than to neglect them.
• The absolute takes place in its absolute form unless the evidence of restriction is provided in text or indication.
• Description in the present is idle and in the absent it is valid.
• Follower Follower.
• What is not forgiven in other dependencies is forgiven.
• What is unforgivable in the beginning is forgiven in survival.
• If the original falls, the branch falls.
• There is no room for ijtihad in the context of the text.
• I have to do what you took to do.
• Abscess with warranty.
• What is not done is obligatory.
• If the obstacle is removed, the forbidden returns.
• What is proven by an excuse will disappear with its disappearance.
• The fallen one does not return.
• If the original is not available, the allowance will be given.
• Whoever seeks to refute what was done on his part, his efforts will be rejected.
• Ignorance of judgment is no excuse.

Jurisprudential rules in contracts

• Contracts are about purposes and meanings, not words and structures.
• The basic principle in contracts and conditions is validity and necessity.
• What is known by custom is like what is conditional by condition.

Understanding the jurisprudential rules associated with the civil transactions system helps to understand the foundations on which judicial rulings and the rights and obligations between parties are based. 

If you need accurate legal clarification or specialized advice, the office of Attorney Abdul Majeed Al Rashid allows you to contact licensed attorneys to assist you with various legal matters.