Saudi Cultural Missions Theses & Dissertations
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Item Restricted Obligations of parties in e-commerce under Saudi Arabian and Islamic law:(Saudi Digital Library, 2025) Alhammad, Ahmed; Brand, Vivienne; Esmaeili, HosseinThis thesis examines parties' obligations in e-commerce transactions under contemporary Saudi Arabian regulations and under Islamic law as an integral component of the Saudi Arabian constitutional system. It analyses the compatibility of traditional Islamic law principles, which are enforceable in Saudi Arabia, with modern e-commerce provisions. The thesis comprises six chapters. Chapter One serves as an introduction, while Chapter Two delves into the principles of e-commerce, examining the integration of Saudi law into these principles. Chapter Three investigates obligation theory, its origins, sources, the stand of Saudi law, and the accommodation of Islamic law within this framework. Chapter Four addresses the obligations of e-service providers (merchants) in e-commerce under Saudi and Islamic law, including disclosure, delivery, warranty, consumer privacy, and the right of recourse. Chapter Five examines consumer obligations: payment; taking delivery; and consumer obligations when exercising their rights in e-commerce. Chapter Six concludes. The conclusion is that Islamic law is highly compatible with these issues. However, particular areas may exhibit variations, necessitating the application of Islamic principles in specific ways. For instance, alternative means of applying Islamic principles, such as Almaslahat Almursala, which prioritises public interest, can be employed. Additionally, Saudi law is essentially harmonious with Islamic law, although some instances may not align with all four schools of Islamic law. The thesis recommends that the current Saudi Arabian legislation governing parties' obligations in e-commerce is deficient and insufficient. Consequently, it should be replaced by a comprehensive consumer protection law that safeguards consumer interests and incorporates general principles of traditional Islamic law to facilitate its implementation.14 0Item Restricted The principle (or the notion) of accountable judiciary (or holding judges to account): A comparative study of Saudi Arabia and the U.K. (or English) Laws.(University of Glasgow, 2025) Abdulbari, Mohammed; Mullen, TomThis thesis undertakes a comparative administrative‐law examination of judicial independence in two advanced legal systems—England & Wales and the Kingdom of Saudi Arabia—while emphasising the latter’s visionary governance and commitment to both de jure guarantees and de facto implementation. Drawing on formalist, functionalist, and sociological theories, it develops a dual framework that distinguishes between de jure (statutory and constitutional guarantees) and defacto (institutional practice and administrative behaviour) indicators of independence. These indicators encompass tenure security, appointment procedures, financial autonomy, disciplinary safeguards, and protection from improper influence. The framework is applied through rigorous doctrinal analysis of primary legislation, soft‐law instruments, and observed administrative practice. In the UK case (Chapters 2–3), the thesis traces the administrative evolution from the Act of Settlement (1701) to the Constitutional Reform Act 2005. It demonstrates how de jure measures—such as the Judicial Appointments Commission’s merit‐based selection process, consolidated‐fund remuneration, and entrenched tenure protections—combine with de facto conventions—Parliamentary restraint in commenting on pending cases and media‐court protocols—to reinforce a principled separation of powers. These administrative safeguards ensure that English and Welsh judges operate with predictable funding, protected status, and clear recusal and contempt procedures that shield them from executive or legislative interference. Chapters 4–6 celebrate Saudi Arabia’s dynamic fusion of centuries‐old Sharīʿah principles with cutting‐edge administrative‐law reforms under the Kingdom’s enlightened leadership. The analysis charts the system’s progression from early qāḍī and maẓālim forums to the 1992 Basic Law of Governance and the 2007 Judiciary Law, which enshrine Article 46’s de jure guarantee of judicial independence. It then examines de facto innovations: the Supreme Judicial Council’s transparent recruitment and promotion protocols, tiered rank hierarchies with probationary safeguards, specialised commercial and administrative tribunals, e‐litigation platforms that expedite case management, and Nazaha’s pioneering anti‐corruption oversight. These measures collectively reflect the regime’s unwavering commitment to administrative transparency, accountability, and the continuous enhancement of public trust. Chapter7 synthesises these findings by contrasting England and Wales’s long‐tested administrative safeguards with Saudi Arabia’s model of tradition‐empowered reform. It offers six targeted administrative‐law recommendations—mandatory annual anonymised reporting on judicial appointments, disciplinary measures, and budget allocations; statutory limits on executive review powers; and routine publication of written judgments—to strengthen de jure frameworks and deepen de facto autonomy. By demonstrating how a modern administrative structure can harmonise with Sharīʿah values under enlightened stewardship, this work provides best‐practice benchmarks for any jurisdiction committed to an impartial, accountable judiciary operating within a robust separation‐of‐powers framework.61 0Item Restricted Arbitration in maritime transport contracts between Saudi law and international law(Saudi Digital Library, 2023-11-23) Aldawsari, Sultan; Eden, PaulIn 2019, Saudi Arabia introduced the new Maritime Code, which is considered to be aligned with international law in providing a comprehensive legal framework for the maritime sector. Other steps Saudi Arabia has taken to enhance arbitration law in the maritime sector include the establishment of the Saudi Centre for Commercial Arbitration (SCCA) and the revised SCCA Arbitration Rules in 2023. These developments in Saudi Arabian law present a viable scope for comparison between Saudi Arabian law and international law. This dissertation limited this comparison to the field of commercial arbitration for maritime contracts. The specific scope of this dissertation was to analyse the resolution of maritime commercial contract disputes under Saudi arbitration law. This research concerned the question of whether the Saudi law contained in the Maritime Code of 2019 provides provisions for arbitration in maritime transport contracts which are comparable with international law in this field. Using a combination of doctrinal research and comparative legal research methods, this dissertation engaged with the emerging law in Saudi Arabia around maritime contract dispute arbitration. The dissertation found that the Saudi legal system had made significant changes to the framework on foreign arbitration, thereby aligning itself with the New York Convention and the UNCITRAL Model Law. However, the dissertation also determined that the enforcement of foreign awards in the event of conflict with Sharia is still an area of concern.38 0