Abstracts in English and Arabic.

"بحث مقدم لنيل درجة الدكتوراه في القانون."--On title page.

Thesis (Ph.D)--International Islamic University Malaysia, 2025.

Includes bibliographical references (leaves 242-261).

The study addresses the issue of legal regulation of the rights of real estate financing
parties in Islamic banks in the Sultanate of Oman, as real estate financing is one of the
most important ways to solve the problems of the housing crisis that most countries
suffer from. Therefore, countries paid attention to real estate financing activity and
regulated all its aspects with special, peremptory laws related to public order to protect
the rights of its parties and to maintain the social and economic security of the state.
The problem of the study lies in the absence of a special legal text in Omani legislation
that regulates the rights of parties to real estate financing in general and Islamic
financing in particular. Which resulted in conflicting judicial rulings and differing
opinions about protecting the rights of parties and penalties for violating them.
Therefore, the study seeks to address this shortcoming and find realistic solutions to the
shortcomings by studying the rights of real estate financing parties in Islamic banks in
the Sultanate of Oman and demonstrating the comprehensiveness and shortcomings of
the general legal rules in Omani legislation to protect these rights. And the extent to
which it keeps pace with modern and rapid developments in this field. The study
touched on the concept of real estate financing, its characteristics and aspects, and the
reality of Islamic real estate financing in the Sultanate of Oman. Then, it explained the
rights of the financier (the bank), the penalty for violating them, and the necessary
guarantees to fulfill these rights. Then I moved on to explain the rights of the financing
applicant (the client), whether before or after concluding the contract, and the penalty
for violating these rights. The study also explained the judicial protection of the rights
of real estate financing parties. It first explained the judicial protection of the rights of
the financier and then moved on to explaining the foundations of judicial protection of
the client’s rights. To achieve the objectives of the study, the study followed the
descriptive and comparative analytical approach. The study concluded several results,
the most important of which is that the Omani legislator did not regulate the issue of
real estate financing in general and Islamic financing in particular in a separate law.
Which resulted in legal loopholes that led to judicial rulings that were not compatible
with the provisions of Islamic Sharia, And The study recommended the necessity of
issuing a special law for real estate financing, provided that its provisions do not
contravene the provisions of Islamic Sharia and the opinions of jurisprudential
academies, in order to resolve disputes and conflicting judicial rulings.