The Legal Document for the Provisions of the Mudarabah Contract in the Saudi Civil Transactions System

Abstract

The subject of this research focuses on studying the articles related to the Mudarabah contract in the Saudi Civil Transactions System and identifying the legal document that the legislator relied on, whether from Sharia evidence or the statements and reasoning of Islamic jurists. It then presents an opinion on this basis. The nature of this research required the use of multiple research approaches, namely: descriptive, inductive, analytical, and comparative approaches. The research scope is limited to the articles on the Mudarabah contract in the Saudi Civil Transactions System, issued under No. (M/191) and dated 11/29/1444 AH.

The objectives of this research are jurisprudential rooting of the Mudarabah contract in the Saudi Civil Transactions System and comparing between it and Islamic jurisprudence in order to realize the aspects of similarity and difference, to ascertain that the Saudi Civil Transactions System is derived from Islamic jurisprudence, and then presenting an opinion and recommendations on the articles and the formulation of the Mudarabah contract in the Saudi Civil Transactions System if any.

The research reached several important findings, the most significant of which is that all provisions of the Saudi Civil Transactions Law are inspired by Islamic jurisprudence. These provisions embody the flexibility and tolerance of Islamic law, providing practical and realistic solutions stimulated by the jurisprudence of the various Islamic schools. These rulings were derived from multiple schools of thought, not limited to a specific one, and this indicates that they were selected with complete neutrality, in a manner that serves both individual and societal interests as well as fulfills the spirit and intentions of Sharia.

The researcher also recommends that research in this domain to be continued in other chapters of the jurisprudence of Saudi civil transactions, in order to link this system with Islamic jurisprudence and to enrich and expand the Islamic library.