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Volume :5 Issue : 11 1988      Add To Cart                                                                    Download

Bidding Between Shari’a and Civil Law

Auther : Bidding Between Shari’a and Civil Law

Bidding Between Shari’a and Civil Law

By: Muhammad ‘Uthman Shibier

Faculty of Shari’a

Kuwait University

 

 

This paper aims at discussing bidding in Shari’a and civil law. It presents the nature of the bidding contract. How it is concluded and the controls which would guarantee its implementation.

The reason outcomes are:

  1. Shari’a is more realistic than civil law because it takes in consideration the market conventions.
  2. Shari’a gives the right to the seller by bidding to choose the tenderer with whom he likes to deal, while civil law does not give this right to the seller. In public bidding, according to civil law, the seller chooses the highest tender.
  3. In civil law, the buyer cannot annual the contract if he discovers any defect in the merchandise, which is not the case in Shari’a.
  4. Shari’a allows the addition of any conditions and controls which would guarantee serious and just bidding, which is not the case in civil law.

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Nov 04, 2019

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