Document Details
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Document Type |
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Thesis |
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Document Title |
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Judicial Sanctions in the Saudi mining investment law and its executive regulations An applied analytical study in the light of jurisprudence and law عنوان الرسالة: الجزاءات القضائية في نظام الاستثمار التعديني السعودي ولائحته التنفيذية |
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Subject |
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Faculty of Arts and Humanities |
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Document Language |
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Arabic |
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Abstract |
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The objectives of the study are, first of all, to define judicial penalties and explain clearly what the term means. Secondly, is to elucidate how this term is understood along with its connection to judicial rulings, followed by a description of its impact on the quality and stability of the judicial rulings and principles that business in the Kingdom of Saudi Arabia is based on. The objectives also include making this understanding accessible and comparing it with what is stated in the regulations and statutes as well as with what is stated in Islamic law, such that investment in mining in the Kingdom of Saudi Arabia becomes an attractive prospect and a field in which investors and traders from inside and outside the Kingdom can compete, and that they do so within a clear framework. This is because the investors will know their rights and obligations as guaranteed by the system of regulations, as well as the commitments that they are bound to, which, again, will create more interest in the field of mining. Accordingly, the study answers the questions that arise regarding the progress of mining investment in Saudi Arabia and the development and prosperity that the Kingdom is witnessing in the mining field, as well as the development of a regulatory system that is suitable for the market. This is done by explaining the truth about mining investment, how and when it originated, and its history in the Kingdom of Saudi Arabia, in Islam, and in countries throughout the world. This is also done by elucidating the truth about and understanding of judicial penalties, whether they be civil, administrative or criminal, and looking at both halves: the substantive and the procedural, and clarifying the judicial layers in the field of Saudi mining investment and what the judiciary has settled upon. The approach used in this study is the applied descriptive approach, based on thorough examination, analysis, and drawing conclusions, as well as the analytical approach. The study comprises an introduction, two chapters, various sections, and a conclusion, and each chapter is broken down into sections and discussions. The most important findings and recommendations of this study are, first, that ownership of minerals belongs to the state, and that the regulatory system has determined that the jurisdiction that is referred to when settling disputes in mining investment is the administrative judiciary of the Kingdom of Saudi Arabia. Second, the mining investment regulatory system needs to include the regulation of all types of minerals, radioactive materials and non, so that all types of minerals are thus regulated under one system. Third: The mining investment system needs to include tools to deal with perceived violations on the part of management, such as bribery, abuse of authority and influence, and other violations. Fourth: The system needs to include regulations that govern the relationship between the licensee and the owner of the land or the usufructuary. In Article 32, the mining investment system has assigned the licensee in private ownership the task of reaching an agreement with the owner of the land, or the usufructuary, regarding fair compensation.
Keywords: Judicial Penalties - Mining Investment - Saudi Judiciary – Islamic Law and the Regulatory System |
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Supervisor |
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Prof. Lutfi Amer Al-Nafiti |
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Thesis Type |
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Doctorate Thesis |
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Publishing Year |
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1444 AH
2023 AD |
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Added Date |
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Saturday, April 22, 2023 |
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Researchers
| رائد عبد العزيز الصّقيه | Al-Saqiyah, Raed Abdulaziz | Researcher | Doctorate | |
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