Description
be clear
use simple words
no plagiarism
beguided to the rubric
Unformatted Attachment Preview
Purchase answer to see full attachment
Explanation & Answer
hello there, hope everything is well, i took one of the topic that you gave me and added two of mine but they are related to the property laws. I hope it does not go against anything becouse the research based on the otehr topics was very difficult to find.
Running head: PROPERTY LAW
1
Property law
Name of student
Professor’s name
Course title
Date
2
PROPERTY LAW
A comparative essay of English law, Islamic law and Saudi Law
Tenancy
English law contains some of the oldest legal concepts with regards to tenancy as it is
based on common law. This laws try to clearly describe the relationship between a tenant and a
landlord. In case of any disputes a civil court judge makes the decision on the way forward after
considering the agreement between the landlord and the tenant. These decision by judges often
set precedents that may be referred to in future cases where the same dispute comes up again.
The judge in the new cases will take into consideration what have been decided in the past before
making a ruling. Complications can however come in when the agreement between the tenant
and the landlord is too comprehensive. It is possible that various acts if parliament may override
this agreement (Hudson, 2014)
The English law is also not covered by one statute. It follows an unwritten constitution.
There may as a result be a lot of different acts which have undergone various amendments and
interpreted differently over the course of time. The House of Lords however is the final
determinant on what should actually be followed. Commercial leases and residential leases are
also very different. For a commercial lease, there are various statutes that govern and stipulate
the relationship of the parties during the lease. However when it comes to residential leases, the
agreement between the parties is the one that is most relied upon. Statutory rules which govern
commercial leases usually come into effect at the end of the lease term. The main issue of
contention being the right to continued occupation (Hudson, 2014). It is however possible to opt
out of statutory regulations as long as the parties agree and after a civil court has approved this
agreement. The parties would thereafter relate on a contractual basis. When it comes to
residential tenancies, statutory rules come into effect as soon as the contract between the parties
PROPERTY LAW
3
begin. In case of any disputes statutory rules may come into effect and overrule any agreements
made between the tenant and the landlord
Due to the complexity of tenancy laws in this system, the legal process can be quite
expensive especially if parties are ignorant about the laws. This process is often left in the hands
of experts and solicitors who are more versed with the issues and can as a result be able to
provide the needed solutions during times of conflict
When it comes to Islam, things are entirely different. This is because, Islam is considered
to be a complete way of life and as a result issues to do with property rights are not actually
based on the experiences this community has had over their lifetime as in the case in English law
(Heyneman, 2004). In Islamic law the guidelines in place are basically based on contract law.
This is because Islamic states follow Sharia law when it comes to tenancy. The law states that
parties willing to go into a tenancy can do so as long as it is voluntary. The parties entering a
lease agreement must also be mature and of sound mind or the contract will be null and void.
When it comes to the issue of minors, an adult can represent their affairs as long as the lease
agreement is in the minor’s best interests. However when the minor has no guardian it is
obligatory to seek the permission of the religious authority or a just Muslim who will do what is
best for the minor.
Before entering into a lease agreement. It is important for the lessor to be upfront and
give out all the information about the property in question. Besides, it is crucial for the utilization
and benefit to be possible from the use of such land. As a result, one should not rent out a piece
of land for agriculture knowing very well the soil is not conduc...