Document Details
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Document Type |
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Thesis |
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Document Title |
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THE THEORY OF VOID ATTORNEY IN ISLAMIC JURISPRUDENCE WITH REFERENCE TO THE IMPLEMENTATION OF IT IN SAUDI ARABIAN LEGAL SYSTEM مبطلات الوكالة في الفقه الإسلامي وتطبيقاتها النظامية في وزارة العدل بالمملكة العربية السعودية |
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Subject |
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Faculty of Arts - Department of Islamic Studies |
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Document Language |
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Arabic |
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Abstract |
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This study consists of two main chapters; the first chapter is a prelude to talk about the definition of agency linguistically and idiomatically, and evidences of its legitimacy, and the wisdom of that; then I talked about the pillars of Agency in the jurisprudence and regulations, starting with defining the pillar linguistically and idiomatically; after that I enumerated pillars of the Agency, where I allotted for every pillar a section that talks about the terms of that pillar in jurisprudence and regulations. In the first section, I talked about the first pillar that is (Agency Formula) stating the forms of approval and consent, formulas and types of the agency in jurisprudence and regulations. I discussed, in the second section, the second pillar (the client) talking about the conditions that must be met in the client for a valid agency, and what is related to that in the regulations. In the third section, I handled the third pillar (agent) referring to the conditions that must be met in the agent for the validity of the agency, and issues related to that in the regulations. Fourth section handled the fourth pillar (matter authorized) talking about the conditions that must be met in the matter authorized for a valid agency, and what is related to that in the regulations. I talked, afterward, about the status of the agency in the regulations of Saudi Arabia and judicial systems which are dealing with the agency, in addition to identifying authorities responsible for preparing that agency in Saudi Arabia, along with the jurisprudential and legal bases the Ministry of Justice depends on to issue the agency.
The second chapter discussed issues that invalidate the agency, where I began talking about invalidators of the agency linguistically and idiomatically and their synonym terms, then I allotted a separate section for defining each of the invalidators. The first section is discussing the issue of invalidity of the agency when a client disqualifies his agent, where I discussed the formulas of disqualification, and methods of informing the agent for his disqualification, in addition to conditions for client to disqualify his agent and the mechanism applied in the regulations. The second section discusses the state when an agent disqualifies himself, and the related jurisprudential provisions and mechanism of applying that in regulations. The third section talked about invalidators of agency when a client's status changes, whether by his death, madness, drunkenness, or fainting and what is related to that in the regulations. The fourth section addressed things that invalidate agency when an agent's status changes, whereas it deals with the same issues discussed in the previous section, but related agent. The first section handled issues that invalidate agency when an issue authorized changes, either by change of name, being damaged, changed by the client, infringed by the agent, end of agency period, or invalidity of the partnership, and issues related to that in the regulations. The sixth section was about matters of difference between the client and agent related to disqualification, where I stated models to contemporary issues in this regard. I assessed, in the seventh section, the agency cancellation mechanism in the regulations, along with contributions of the Ministry of Justice in its success, in addition to some problems in organizing of the cancellation of agencies and ways of their processing. |
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Supervisor |
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dr. Faisal Saeed Balamesh |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1434 AH
2013 AD |
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Added Date |
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Saturday, June 15, 2013 |
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Researchers
| محمد عايض عسيري | Aseri, Mohammed Aeidh | Researcher | Master | |
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