: Reconciliation with Denial (its judgment, its reality and its impact) A jurisprudential studyto compare between Saudi Civil Transactions Project and Arab Civil Laws

Abstract

Abstract:

Praise be to Allah, Lord of all creation, and peace and blessing be upon the Prophet Mohamed, his family and all his companions:

According to the large number of transactions between people, disagreement may occur between them and lead to conflict, for this reason, Allah Almighty permitted reconciliation between disputants, this reconciliation shall be preceded by a claim from the Plaintiff and then a response from the Defendant. This response either includes an acknowledgment from the Defendant, or denial, or silence, then after any of the three cases, reconciliation may take place. The research is limited to reconciliation after the Defendant's denial of the Plaintiff's claim, and showed its judgment in Islamic jurisprudence, Saudi Civil Transactions Project and Arab Civil Laws, and then its reality and impact, and a number of results were drawn, most notably are:

- Reconciliation: is a transfer of right or claim to get rid of a dispute or fear of its occurrence.

- Arab civil laws: Emirati, Omani, Yemeni, Iraqi, Jordanian, and the Palestinian laws, expressly stipulated the divisions of reconciliation, as the jurists divided it, namely: reconciliation with approval, reconciliation with denial, and reconciliation with silence.

- The jurists disagreed on two words regarding the judgment on reconciliation with denial, the preponderant view, God knows, its permissibility.

- Arab laws agreed to accept reconciliation with denial as long as the terms required for accepting reconciliation are considered, and the provision of the forgoing is differed between the Arab laws in two directions.