Saleh Mohammed Al-Hammami
Assistant Professor, Department of Law, College of Business Administration, Najran University, Najran, Saudi Arabia.
Issue: 102| Pages: 69-79| September 2025 | https://doi.org/10.54940/si36717586 | PDF
Received: 25/01/2024 | Revised: 29/03/2024 | Accepted: 07/05/2024
Corresponding: smalhamame@nu.edu.sa
Abstract
It is no secret to the honorable reader that one of the most important tasks carried out by the execution judge is selling the debtor’s property and dividing its proceeds among the creditors. This sensitive function of the enforcement judiciary requires many and multiple procedures. In an effort to achieve the best possible result that is in the interest of the creditors and the debtor. Therefore, the Saudi regulator sought to involve the private sector in some implementation justice work. To contribute to the speed and quality of the service provided. Among the service providers: the judicial sales agent, who is responsible for the auctions, marketing, and advertisements required by the sales process; To search for the most suitable buyer. Therefore, the idea of this research came, which I titled: Obligations of the judicial sales agent in the Saudi system and Islamic jurisprudence. This research focuses on identifying its positive and negative substantive and procedural obligations in the Islamic system and jurisprudence. It reached results, the most prominent of which are: that the obligations imposed on the judicial sales agent, both formal and substantive, contributed to controlling his work and achieving the goal of assigning the service to him in the required manner. I also recommended that attention be paid to the issue of seeking assistance from the private sector in order to achieve the goal of the implementation judiciary, which is speed of completion. Activating the role of service providers, intensifying training courses for its practitioners, and constantly updating instructions and circulars.
Keywords
commitment, judicial sale agent.
How to Cite
Al-Hammami, S. (2025),Commitments of the Judicial Sale Agent in Saudi Law and Islamic Jurisprudence, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 102. pp.69-79. https://doi.org/10.54940/si36717586
License
1658-8738/© 2025 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/