The Legitimacy of Adhesion Contract in the Kingdom of Saudi Arabia

Authors

  • Abdulaziz Alkhalifa

Keywords:

Law, Civil Law, Adhesion Contract, Exploiting Contract, Sharia Law, Saudi Legal System, Monopoly

Abstract

The use of adhesion contract has been growing in the Kingdom of Saudi Arabia. Providers and sellers prefer such a method of legal agreement since it protect their interest and facilitate the process of legal commitment as it saves the time of negotiation. However, injustice and exploitation may result from such contract since most of the essential goods and services are offered through the adhesion contract. On the hand, there has been an ambiguity in regard of the legality of such a contract in the Kingdom. Saudi Arabia lacks laws that govern adhesion contract which may result in in consistency of judicial ruling. The paper defines such a contract and clarifies and abolish the ambiguity. It offers a detailed explanation of adhesion contract and its conformity with Islamic Principles. It, also, sheds a light on legal issues related to adhesion contract and provides several solutions.

References

Alkhen, D. M. . . A. . . (2022). The Legal Protection of the Adhering Party in Contracts

of Adhesion: A Comparative Study in the Egyptian & UAE Laws. BiLD Law Journal, 7(2s), 385–402. Retrieved from

https://bildbd.com/index.php/blj/article/view/323.

Agalh, H. (2009). The contract is the law of contracting parties. Islamway.

https://ar.islamway.net/

Abdulkaream Alsudon. (2015). https://www.argaam.com/

Christopher M. Kaiser, take It or Leave It: Monsanto v . McFarling, Bowers v. Baystate

Technologies, and the Federal Circuit' s Formalistic Approach to Contracts of Adhesion

(2005).

Husam agalh, ISLAMWAY.NET (2009).

https://ar.islamway.net

Ibn Baz. (n.d.). a man in the city should not sell for a man of the desert.

https://binbaz.org.sa/fatwas/10186/ما-معنى-نهى-رسول-الله-ان-يبيع-حاضر-لباد

Jamal Aljoridly, The legal protection for the consumer (2019).

Insurance Consumer Protection Principle of Saudi Arabia, 2014.

https://www.sama.gov.sa/en-

US/Laws/ConsumerProtectionRules/Banking_Consumer_Protection_Principles.pdf

Legal Information Institute. (2021). Adhesion Contract. Legal Information Institute.

https://www.law.cornell.edu/

Mājah, I. (n.d.). Sunan Ibn Mājah (Ser. 2341). h.

Nazyh Hammad, Adhesion contract in the Islamic jurisprudence, 2004.

https://iefpedia.com/arab/?p=13527

Peck, S. (n.d.). Adhesion Contract: Are they enforceable? . Welcome to Premier Legal

Staffing | Premier Legal Staffing. https://www.premierlegalstaffing.com/

Rhmani, S. (2019). Jurisprudence rule “Public interest is an introduction to private

interest” And its role in fighting corruption. Sciences Islamiques, 1.

https://doi.org/http://fac-sciences-islamiques-ar.univ-batna.dz/images/ouvrages-

enseignants/etudiant/50.pdf

Sanna Rhmani, Jurisprudence rule "Public interest is an introduction to private

interest"And its role in fighting corruption (2019).

Zubidah Al- hujiri, Civil protection for consumer in Saudi Law- Competitive study at 84,

Published

2024-06-03