الإجارة الحكمية في القانون العماني : دراسة مقارنة بالقانون السوداني

الملخص EN

We try through this research to study the subject of the “ Ijarah( ”leasing )or judicial lease in the Omani law compared to the law of the rent of Sudanese buildings for the year.1991 This study dealt with the following elements : - the definition of Ijara in the Omani law and Sudanese law ,The legislator in both laws did not provide a definition of the Sharia.

However ,the researcher drew a definition through the concepts stipulated by the law.

- the rules and regulations related to the Sharia ,including that the rulings on the judicial lease in Omani law have not been accepted as peremptory ,In Sudanese law they are related to public order and are exceptional rules limiting the freedom of the owner.

- the principle of the will of power and the impact on the ruling Ijara.

The study concluded that the Omani legislator as well as the Sudanese law took a position of compromise of the will of the parties and did not leave it alone to establish legal procedures ,effects and consequences.