نظرية تنازع القوانين وأثرها في عقود شركات البترول العاملة في السودان

Abstract

ABSTRACT This research deals with the theory of the disputes between laws and their effect on the contracts of the petrol companies working in the Sudan. It is a comparative study between the law of Islamic fiqh (Islamic Law) and the man-made law. The research puts emphasis on the study of the rise, kinds and ways of tackling of these disputes and deducing the results . The researcher is relating connecting these disputes in their international framework to the particularities of other religions in Islamic fiqh and relating these disputes in their internal framework to the diversity in the branches of Islamic Law between the schools of Fiqh, and he showed the ways of tackling them. The research also deals with the linguistic concept of companies and the concept in Islamic fiqh and in man-made law along with studying its kinds, their rules, their history-in fiqh and in law as a comparative study along with deducing the results and proving the advantages. The research concentrated on the study of the effect of the conflict of laws in the contracts of the petrol companies working in the Sudan. Through studying their history, their formation, the general characteristics of their contracts with the Sudan government and the effect of the conflict between laws on the government’s, contracts in Islamic fiqh and man-made law. The study proved the importance of finding new contract models giving consideration to international models and in the same time in agreement with the rules of Islamic fiqh. These are called in the research “ the contract of rewards, Murabaha (resale with an advance), and production. The research fixed the characteristics , elements, controls, and conditions of this contract as a new legal framework for contractions in its field. Lastly, the research deals with the effect of the conflict of laws on the Greater Nile Company for petrol operations as a study case, by studying its history, its formation, the rules governing its finance, its work and its contracts compared to Islamic Fiqh and man-made law. The research proves that the establishment of a method that agrees with Islamic Fiqh regarding this problem is one of the new problems that need the enacting of a new law that realizes the objectives of Islamic Fiqh in actual life. The research was concluded with results and recommendations.