CLIENT RIGHTS BEFORE CONCLUDING A REAL ESTATE FINANCING CONTRACT IN ISLAMIC BANKS IN THE SULTANATE OF OMAN

This study addressed the subject of the customer's rights before concluding a real estate financing contract in Islamic banks in the Sultanate of Oman. The study aims to clarify the position of Omani legislation and the judiciary on determining the right to protect the customer's rights, before concluding a financing contract related to real estate in Islamic banks in the Sultanate of Oman, by extrapolating and analyzing the comparative legal rules in the legislation under study. Addressing the opinions of jurists and judicial rulings, as they are two sources of interpretation of the law. Clarifying the solutions and proposals provided by jurisprudence, while relying on judicial rulings; as they are the main document in clarifying the practical application of the issue. The study adopted the inductive and analytical approaches, and the study concluded with the following results: The pre-contractual stage is one of the most important stages in the formation of the contract. At this stage, the nature of each party to the contract becomes clear, as well as the extent of its ability to commit and its knowledge and awareness of its rights and obligations. At this stage, the greatest burden falls on the financing party; in providing the customer with all the data and information required to complete the contract. The financing party is also responsible at this stage; Many duties of importance to the client, which are considered rights that guarantee him protection against the risks of making a mistake, and prevent the conclusion of the financing contract hastily and rashly, the effects of which quickly reflect seriously on the client's financial status, which is embodied in the difficulty of payment and in the burdensome implementation. The financing party is not free to manage the real estate financing process absolutely; due to the economic importance of the real estate financing contract. Legal legislation, banking customs and traditions impose many obligations on it, necessitated by the need to control the risks associated with this process, which are at the same time the client's rights that the financier must observe in accordance with the legislation regulating it.