property assignment

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SCHOOL: SEMESTER: TITLE GRADING:   HEKMA SCHOOL OF BUSINESS & LAW FALL 2017/18 PROPERTY LAW- RESEARCH ASSIGNMENT (GROUPS OF TWO OR INDIVIDUAL)     20%  OF  FINAL  GRADE   To RESEARCH, PRODUCE & PRESENT an original analysis and comparison of THREE different subjects in respect of English Property Law, Islamic Property Law and Saudi Property Law. For example: You may choose the topic of ‘Mortgages’ as one of your three topics. Your task would be to compare and contrast ‘Mortgages’ under English Law, Islamic Law and Saudi Law. You would for example as a minimum(1) state what ‘Mortgages’ were under all areas of law, (2) how they operated under all areas of law, (3) what the similarities and difference in regard to ‘Mortgages’ under all areas of law…as well as detail at least two other areas of comparison. A minimum of five(5) areas of comparison should be detailed under each of the three(3) chosen topic areas. You MUST produce (1) a handout, (2) a poster AND (3) present your findings in class. THE HANDOUT & THE POSTER (10 PONTS) o   o   o   o   o   o   o   You  should  include  a  range  sources  of  research  in  your  handout  demonstrating  clear  analysis  and  comparison  of  your   chosen  three  topics  under  all  areas  of  law.     The  handout  should  be  detailed  and  balanced  with  approximately  3,000  words.  Approximately  1,000  words  for  each   of  your  chosen  topics.   You  should  present  your  research  and  findings  clearly  in  your  handout.     Differentiate  each  topic  by  sections,  subsections,  relevant  materials,  examples,  etc.   The  poster  should  be  made  for  display  purposes  at  A1  size  and  should  be  a  summary  of  your  findings  from  your   research.     A  bibliography  should  be  included  in  your  handout.   Each  student  in  a  group  will  gain  an  equal  mark  for  the  handout  and  poster   The  handout  should  be  a  MS  Word  document.       THE PRESENTATION (10 POINTS) o   You  will  be  to  present  your  research  to  the  class  as  if  you  were  the  professor  presenting  the  topic  to  the  class   o   Each  student  will  be  marked  individually  on  their  presentation.   o   You  will  be  marked  on  a  range  of  criteria  including  your  understanding  of  the  topics,  clarity,  language  and   presentation  skills. DEADLINE & DATE OF PRESENTATION: WEDNESDAY 22 NOVEMBER SUBMISSION  IS  REQUIRED  ONLINE  PRIOR  TO  CLASS  TIME  ON  THE  ABOVE  DATE  &  IN  HARDCOPY  IN  THE  LECTURE  ON  THE   SAME  DATE.  -­‐  THE  ONLINE  &  HARDCOPY  TOGETHER  EQUAL  A  COMPLETE  SUBMISSION.   IF  EITHER  IS  LATE,  THE  WHOLE  ASSIGNMENT  WILL  BE  ADJUDGED  AS  LATE  AND  10%  OF  YOUR  FINAL  GRADE  FOR  THE   ASSIGNMENT  WILL  BE  REDUCED  PER  DAY  UNTIL  THE  SUBMISSION  IS  COMPLETE  AS  PER  THE  DAHU  REGULATIONS  
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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

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Property law
Name of student
Professor’s name
Course title
Date

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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

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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...


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