أحكام الوساطة العقارية في النظام السعودي على ضوء الشريعة الإسلامية

Abstract

The study aimed as alerting on the rules of real estate intermediation in the Saudi regulation and Islamic jurisprudence, which encompasses a number of Saudi regulations, where the researcher deals with the most important features of these regulations, and to manifest the points of similarities and differences between this regulation and the doctrines of Islamic jurisprudence. The research examined the most fundamental basis on which each doctrine depends on, for the issuing a particular matter, and subsequently to mention the preferred view concerning a discussed matter. The study also examined the effect of real estate intermediation in the documentation of property, the extent of its impact over it, and the fact of the legal force granted to the document issued by the real estate broker. In addition to reviewing some of the judicial rulings that indicate the relationship between real estate brokerage and property, through the stability in this study. The researcher used the inductive method for the texts of revelation (Qur’an and Sunnah), the systematic materials related to the work of the real estate broker. An analytical method is also used by the researcher in terms of adaptation and linking contemporary images with old images. The study has reached the following conclusions: The need to review the regulations relating to real estate intermediation and the property registry system. For several reasons - as clarified by the researcher – it has become an input for manipulators in real estate contracts, which renders it of becoming a burden on the courts. Consequently, the researcher has presented some suggestions and recommendations that would reduce the violations caused by real estate brokerage offices, such as the issuance of a formal article that requires an official documentation as a condition for the validity of the sale or cancellation of the value of the ordinary paper.