الإطار القانوني لعقود التوريد الإدارية في سلطنة عمان في ضوء الشريعة الإسلامية

Abstract

This study addresses a very critical issue in the area of contracts, particularly on the framework of the administrative supply contracts in the Sultanate of Oman in light of Islamic law. The research discusses several major themes including the definition of supply contracts, their provisions and their respective Islamic law and legal characterization and the governing principles applicable to such contracts and any exceptions thereof. Additional concerns discussed were the performance bonds, penalties, the arbitration clause and as well as the force majeure – when to resort to it and when it becomes applicable. This is in addition to the cases of unjustifiable termination of the supply contracts whether at the sole discretion of the management or termination for gross error on the part of the management. Moreover, the study also reviews the latest developments in the Omani legislation which may affect the supply contracts and their role in protecting and safeguarding the public fund and, hence, stimulating the national economy by supporting small and medium sized enterprises (SMEs). The problem identified by the study is the lack of legally defined rules and an inclusive reference for the clauses of supply contracts. This is in addition to the divergent rules resulting from addressing the various contractual issues through the application of the law. The study aims to alert the administrative, security and military entities to adhere to the legal principles in their contractual matters. The research used the inductive, analytical and applied approaches enabling the researcher to come up with critical findings including the countless methods available for the creation of the supply contracts to ensure the proper approach suitable for each contract according to its scope of supply, the financial threshold and the exceptions to the enforceability of the contract. This requires that parties to the contract to introduce the necessary measures to maintain a balanced contractual relation between the contracting parties. The study concluded with recommendations to ensure the legal framework of the supply contracts is to put into action in terms of oversight and measures to maintain the financial balance of these contracts.