Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :41 Issue : 156 2015      Add To Cart                                                                    Download

The Right of Islamic Banks to Own Private Housing Real Estate under Kuwaiti Law: A Commentary on the Ruling of the Kuwaiti Court of Cassation Dated 2/2/2011.

Auther : Dr. Fahad M. AL-Hobaini - Dr. Ahmad H. AL-Rushoud

     The private housing real estate is considered a necessary need for every person. However, the rise in its value made the legislature search for the reason behind it. It was clear that trading by commercial companies increased the value of private housing real estate in Kuwait. Therefore, the legislature issued laws number 8 and 9 for the year 2008 by which companies where prohibited to own private housing real estate. One of the Islamic Banks objected since there is a current law that governs its activities and therefore these laws are inapplicable to Islamic Banks. Kuwait Finance House raised a case before the administrative court, the administrative chamber in the court of cassation ruled in 2/2/2011 that the laws number 8 and 9 are inapplicable to Islamic Banks.
     In our commentary, we divided this paper into two sections. In the first section the facts of the case and the reasons of the ruling are explained. Whil the second section is devoted to our comment on the ruling. In the conclusion, we present our opinion in the matter discussed.
 

Journal of Law
Journal of Law

You are Visitor No.

75353

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

May 18, 2017

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law