التنظيم القانوني لحقوق الأطراف في التمويل العقاري في المصارف الإسلامية بسلطنة عمان

Abstract

The study addresses the issue of legal regulation of the rights of real estate financing parties in Islamic banks in the Sultanate of Oman, as real estate financing is one of the most important ways to solve the problems of the housing crisis that most countries suffer from. Therefore, countries paid attention to real estate financing activity and regulated all its aspects with special, peremptory laws related to public order to protect the rights of its parties and to maintain the social and economic security of the state. The problem of the study lies in the absence of a special legal text in Omani legislation that regulates the rights of parties to real estate financing in general and Islamic financing in particular. Which resulted in conflicting judicial rulings and differing opinions about protecting the rights of parties and penalties for violating them. Therefore, the study seeks to address this shortcoming and find realistic solutions to the shortcomings by studying the rights of real estate financing parties in Islamic banks in the Sultanate of Oman and demonstrating the comprehensiveness and shortcomings of the general legal rules in Omani legislation to protect these rights. And the extent to which it keeps pace with modern and rapid developments in this field. The study touched on the concept of real estate financing, its characteristics and aspects, and the reality of Islamic real estate financing in the Sultanate of Oman. Then, it explained the rights of the financier (the bank), the penalty for violating them, and the necessary guarantees to fulfill these rights. Then I moved on to explain the rights of the financing applicant (the client), whether before or after concluding the contract, and the penalty for violating these rights. The study also explained the judicial protection of the rights of real estate financing parties. It first explained the judicial protection of the rights of the financier and then moved on to explaining the foundations of judicial protection of the client’s rights. To achieve the objectives of the study, the study followed the descriptive and comparative analytical approach. The study concluded several results, the most important of which is that the Omani legislator did not regulate the issue of real estate financing in general and Islamic financing in particular in a separate law. Which resulted in legal loopholes that led to judicial rulings that were not compatible with the provisions of Islamic Sharia, And The study recommended the necessity of issuing a special law for real estate financing, provided that its provisions do not contravene the provisions of Islamic Sharia and the opinions of jurisprudential academies, in order to resolve disputes and conflicting judicial rulings.