The Saudi Judge\u27s Discretion in Liquidated Damage Clauses: An Applied Analytical Study in Light of Islamic Sharia Law

This dissertation studies the treatment by Saudi judges under Islamic Sharia law of liquidated damages clauses in contracts, a critical part of modern commercial transactions. After introducing the basic and secondary sources of Islamic law and discussing the current treatment of the liquidated damages clause by Saudi judges according to general Islamic rules and the four jurisprudence schools, this dissertation demonstrates that Saudi judges have broad discretion in applying jurisprudence rules, particularly Hanbali jurisprudence, the applicable jurisprudence in the Saudi courts. Numerous interpretations of the same jurisprudential rule exist, resulting in multiple judicial rulings for the same jurisprudential rule. Among factors affecting the judicial rulings are the impact of the judge’s cultural and social background, the judge’s tendency not to rule on moral compensation, and his strictness in scrutinizing and recognizing the evidence of damages when ruling on compensation in general and in cases of the liquidated damages clause in particular, and the scarcity of ruling compensation for future damages along with the role that the Saudi judge plays in selecting applicable legal rules. This dissertation presents a survey and field study of Saudi judges’ positions on the liquidated damages clause and contains it in contracts. The survey indicates that the Saudi judge has broad discretion when considering the liquidated damages clause. There are differences among the judges with regard to the liquidated damages clause depending on the type of contract included in it. The Saudi judge applies the theoretical aspects of legal texts and jurisprudence rules to the facts and practical issues related to the liquidated damages clause influenced by fatwa. In response, this dissertation considers several possible solutions. These include codifying jurisprudence provisions; notating judicial rulings; and requiring Saudi judges to apply them, particularly in cases of the liquidated damages clause; issuing judicial journals and notations to increase transparency; and documenting contracts that include the liquidated damages clause to make them binding without the need for a court ruling. Finally, the dissertation propose recommendations that, if endorsed by the Kingdom’s judicial authorities, will help limit the judge’s discretionary authority and facilitate judgment in estimating the liquidated damages clause as agreed upon by the contracting parties. These include codifying the provisions of Islamic jurisprudence in the form of sequenced, arranged legal articles and provisions related to contracts and the conditions they contain, including the liquidated damages clause. The importance of establishing judicial principles or a legislative code becomes apparent in terms of the main mechanism for how a judge exercises his discretion when dealing with a vague legal text or rule that requires interpretation or contradicts another rule or principle. It is important to emphasize parties’ responsibilities to state the functionality of the liquidated damages clause in the contract, to continue the notation of judicial rulings and publishing, and expand notarized contracts that include the liquidated damages clause as an executive document to limit the discretionary authority of judges when considering what the parties have agreed upon

Current practices of Saudi corporate governance: A case for reform

This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University.One of the most debated issues is that of corporate governance. The topic has been investigated by scholars from several scientific fields including the legal. Indeed, corporate governance has been examined by a great number of law scholars, with particular regards to the improvement of various aspects. For example, effective corporate governance focuses on protecting and advancing aspects related to shareholders’ rights, the board of directors and corporations’ internal and external audit systems. The main objective of this research is to suggest reformation to the Saudi corporate governance framework in order to achieve satisfactory corporate governance practices. The second purpose of the research is to investigate the current practices involved in Saudi corporate governance arrangements. The final aim is to determine how a Saudi corporate governance framework would most benefit corporate governance from the Islamic perspective. This study intends to provide a regulatory analysis to influence those regulations that should be implemented to adjust corporate governance practices as they affect the Saudi capital market. The researcher found that Saudi corporate governance has been promulgated in accordance with principles of on-going international corporate governance. Alternatively, the Islamic perspective on corporate governance has been debated more recently, as an idea that needs to be progressed in order to provide associated benefits to the corporate governance framework in Saudi Arabia. Therefore, Saudi corporate governance provisions can be seen as based largely on positive man-made laws. The researcher further discovered that Saudi corporate governance as an institutional framework is divided between several institutions, whether internal or external, which might result in some ambiguity when it comes to implementing good corporate governance practices. However, the research results revealed that Saudi corporate governance provisions have to be reformed in accordance with popular worldwide corporate governance principles, namely the UK Corporate Governance Code, the UK Companies Act and the OECD principles of corporate governance produced

Updates in the pathogenesis, diagnosis and management of ectopic varices

Ectopic varices (EcV) comprise large portosystemic venous collaterals located anywhere other than the gastro-oesophageal region. No large series or randomized-controlled trials address this subject, and therefore its management is based on available expertise and facilities, and may require a multidisciplinary team approach. EcV are common findings during endoscopy in portal hypertensive patients and their bleeding accounts for only 1–5% of all variceal bleeding. EcV develop secondary to portal hypertension (PHT), surgical procedures, anomalies in venous outflow, or abdominal vascular thrombosis and may be familial in origin. Bleeding EcV may present with anaemia, shock, haematemesis, melaena or haematochezia and should be considered in patients with PHT and gastrointestinal bleeding or anaemia of obscure origin. EcV may be discovered during panendoscopy, enteroscopy, endoscopic ultrasound, wireless capsule endoscopy, diagnostic angiography, multislice helical computed tomography, magnetic resonance angiography, colour Doppler-flow imaging, laparotomy, laparoscopy and occasionally during autopsy. Patients with suspected EcV bleeding need immediate assessment, resuscitation, haemodynamic stabilization and referral to specialist centres. Management of EcV involves medical, endoscopic, interventional radiological and surgical modalities depending on patients’ condition, site of varices, available expertise and patients’ subsequent management plan

Enhanced Cluster Based Routing Protocol for MANETS

Mobile ad-hoc networks (MANETs) are a set of self organized wireless mobile nodes that works without any predefined infrastructure. For routing data in MANETs, the routing protocols relay on mobile wireless nodes. In general, any routing protocol performance suffers i) with resource constraints and ii) due to the mobility of the nodes. Due to existing routing challenges in MANETs clustering based protocols suffers frequently with cluster head failure problem, which degrades the cluster stability. This paper proposes, Enhanced CBRP, a schema to improve the cluster stability and in-turn improves the performance of traditional cluster based routing protocol (CBRP), by electing better cluster head using weighted clustering algorithm and considering some crucial routing challenges. Moreover, proposed protocol suggests a secondary cluster head for each cluster, to increase the stability of the cluster and implicitly the network infrastructure in case of sudden failure of cluster head.Comment: 6 page

AN EXPLORATORY STUDY OF HUMAN RESOURCE DEVELOPMENT PRACTICES IN TELECOM INDUSTRY IN SAUDI ARABIA: A CASE STUDY OF PRIVATE SECTOR

The telecom sector of Saudi Arabia holds the largest position in the entire Middle East. After staying dormant until 2000, the telecom sector recorded supernormal growth in the past decade, thanks largely to liberalization of the sector since 2003. Today, the sector is highly competitive, with private players vying for market share by aggressively cutting tariffs—in fact, this has been the trend for five years now.The reason for which Saudi Arabia is so attractive to all the telecom operators is the combination of its population size and wealth. The growing importance of this sector has attracted the attention of the Researchers in the present research paper is to make an empirical study of private sector telecom industry regarding the HRD practices. The case study selected by the Researchers is of Mobily Telecom Company. A survey questionnaire has been constructed and administered among the employees of Mobily at managerial and non-managerial level from the selected districts of regions of Saudi Arabia. The Sample of the study has been undertaken of 85 employees. The study brings out the existing picture of HRD practices in Private Sector Telecom Company and offers suggestions to improve the pace of such practices wherever they need improvement

Designing Entrepreneurship Education and Training Program: In Search of a Model

Recently entrepreneurship education has received enormous attention from the researchers, academicians and policy makers. However, still there is lack of agreement about the definition, objectives, contents, approaches of delivery, and the characteristics of the facilitators of entrepreneurship education programs. This paper attempts to synthesize the existing literature on the entrepreneurship education and outline a model for entrepreneurship education program. The proposed model provides a recipe with the most crucial ingredients of an entrepreneurship development program in terms of trait, skill and knowledge content (what is to be taught?) as well as approaches of teaching (how it is to be taught?) and the essential features of the facilitators (Who should teach?). Keywords: Entrepreneurship, education, training, trait, skill, knowledge

Positive Organizational Behavior In The Workplace: A Cross-Cultural Perspective

Positive psychological principles and subsequently positive organizational behavior (POB) have become increasingly prevalent in the workplace in recent years. We have witnessed many struggles in the global economy where organizations across the world have experienced layoffs, lower productivity, lower employee morale, and generally struggling to be competitive.  Given these negative environments, what can organizations do across the world to enhance the positive practices that will create benefits for all of the stakeholders through POB?  We also identify gaps that exist in organizational practices and how positive organizational behavior can be integrated to build sustainable organizations

Research Article An Investigation of Technical and Scale Efficiency of Public Universities in Saudi Arabia

Abstract: Higher education sector in Saudi Arabia had a phenomenal growth over the last decade. This study sets out to empirically examine the technical and scale efficiency of government universities in Saudi Arabia. In general, the technical efficiency of Saudi public universities appears to be high. However, majority of public universities relative performance is a dismal when the scale efficiency is taken into consideration. Only two universities out of the total sample of twenty are on the frontier in comparison to five universities based on the VRS efficiency

Effects of high food prices on consumption pattern of Saudi consumers: A case study of Al Riyadh city

AbstractThis paper investigates how urban households in Riyadh city, capital of Saudi Arabia, coped with higher food prices depending on a survey for selected group of households. The primary data were obtained in a survey from a sample of 286 household heads. Before analysis, the collected data were first grouped and classified according to the income level of respondents and then descriptive statistics and analysis of variance were applied. The results showed that the consumption quantities of major food commodities decrease due to high prices and at the same time expenditure increases, which lead to erosion of some of the consumers’ savings. High food expenditure makes lower income group more fragile and sensitive for any future increase in food prices. The perception of consumers for price increase in the future is also registered which reflects the lower consumer confidence in the food markets. The respondents iterate the absence of the role of the government to control the food market that may reduce the impact of higher food prices. Therefore, the paper recommends that government should intervene through food policy to mitigate the effects of food price volatility