THE FORMALITY OF REAL ESTATE TRANSACTIONS AND THEIR IMPACT ON ISLAMIC BANKING CONTRACTS IN THE SULTANATE OF OMAN

Ahmed Salim Ali Alhosni; Muhammad Abdurrahman Sadique; Uzaimah Binti Ibrahim

doi:10.5281/zenodo.16761119

AR EN

THE FORMALITY OF REAL ESTATE TRANSACTIONS AND THEIR IMPACT ON ISLAMIC BANKING CONTRACTS IN THE SULTANATE OF OMAN

Öz

This study examines the legal formalities required for real estate transactions and their impact on Islamic banking contracts in the Sultanate of Oman. It analyzes the interaction between the legal requirements imposed by Omani law—such as registration, documentation, or written form—and the nature of Sharia-compliant contracts adopted by Islamic banks. The research aims to explore the extent to which these formalities affect the validity of real estate contracts and whether they align with Islamic legal principles. The study adopts a descriptive, analytical methodology, reviewing relevant legal texts and practical applications in Islamic banking within Oman. The findings reveal that legal formalities play a crucial role in ensuring the stability of real estate transactions; however, they may impose procedural constraints on Islamic contracts if not addressed through a shared legal and Sharia-based understanding. The study recommends enhancing coordination between Sharia boards and legal or notarial authorities to prevent contract nullity or disputes and to promote legislative alignment with the specificities of Islamic banking operations

Anahtar Kelimeler

THE FORMALITY OF REAL ESTATE TRANSACTIONS AND THEIR IMPACT ON ISLAMIC BANKING CONTRACTS IN THE SULTANATE OF OMAN

Abstract

This study examines the legal formalities required for real estate transactions and their impact on Islamic banking contracts in the Sultanate of Oman. It analyzes the interaction between the legal requirements imposed by Omani law—such as registration, documentation, or written form—and the nature of Sharia-compliant contracts adopted by Islamic banks. The research aims to explore the extent to which these formalities affect the validity of real estate contracts and whether they align with Islamic legal principles. The study adopts a descriptive, analytical methodology, reviewing relevant legal texts and practical applications in Islamic banking within Oman. The findings reveal that legal formalities play a crucial role in ensuring the stability of real estate transactions; however, they may impose procedural constraints on Islamic contracts if not addressed through a shared legal and Sharia-based understanding. The study recommends enhancing coordination between Sharia boards and legal or notarial authorities to prevent contract nullity or disputes and to promote legislative alignment with the specificities of Islamic banking operations

Keywords

References

Al-Busaidi, A., & Al-Zaabi, M. (2019). Evaluating the risks of real estate transactions in Islamic banks: The experience of Oman. Oman Journal of Financial Studies, 8(2), 112-130.
Al-Hinai, R. (2021). The impact of government policies on Islamic real estate financing in Oman. International Journal of Islamic Banking, 5(1), 78-95.
Basharat, H. J. (2008/1428H). Al-tamwil al-masrifi al-islami lil-mashari‘ al-saghira wal-mutawassita. Beirut: Dar Al-Nafa’is.
El-Shanqeeti, ‘A. S. (2015). Al-‘uqud al-murakkabah fi al-masrafiyyah al-islamiyyah. Jeddah: Dar Al-Maiman.
Ershid, M. ‘A. A. (2007/1427H). Al-shamil fi mu‘amalat wa ‘amaliyyat al-masraf al-islami.
Beirut: Dar Al-Nafa’is. (2nd ed.)
Hafi, K. B. ‘A. B. (2001/1421H). Al-ijarah al-muntahiyah bi-tamlik fi daw’ al-fiqh al-islami. Riyadh: No publisher.
Kawamleh, N. ‘A. (2008/1428H). Al-musyarakah al-mutanakisah. Beirut: Dar Al-Nafa’is.

Details

Primary Language

Arabic

Subjects

Economic Methodology , Islamic Economy

Journal Section

Research Article

Authors

Ahmed Salim Ali Alhosni ^*
Malaysia

Muhammad Abdurrahman Sadique
Malaysia

Uzaimah Binti Ibrahim
Malaysia

Early Pub Date

August 7, 2025

Publication Date

August 30, 2025

Submission Date

June 13, 2025

Acceptance Date

July 25, 2025

Published in Issue

Year 2025 Volume: 11 Number: 32

DOI

https://doi.org/10.5281/zenodo.16761119

IZ

https://izlik.org/JA43RU45DC

Cite

RIS / Bibtex

EndNote

Alhosni ASA, Sadique MA, Binti Ibrahim U (August 1, 2025) THE FORMALITY OF REAL ESTATE TRANSACTIONS AND THEIR IMPACT ON ISLAMIC BANKING CONTRACTS IN THE SULTANATE OF OMAN. IJASOS- International E-journal of Advances in Social Sciences 11 32 94–116.