Contracts of Trusteeship in Islamic Jurisprudence: The Guarding Contract as Exemplified by the Saudi System

Abstract

The current research addresses trust contracts in Islamic jurisprudence, focusing on guarding contracts in the Saudi legal system as a model for safeguarding rights and combating violations. The study includes an analysis of the concepts of trust contracts and guarding, highlighting the importance of different types of guarding in people's lives, whether public, private, or related to important figures. The research discusses the applications of the guarding contract within the Saudi legal system, particularly in guarding public facilities and private establishments, with an emphasis on the conditions and pillars of the contract and the responsibilities of its executors.

The research findings indicate that guarding has existed in Islamic societies since their inception, and the Saudi legal system has established conditions and instructions to regulate guarding. Based on these findings, the study recommends the necessity of enhancing the balance between responsibilities and rights in guarding contracts, and the development and improvement of related legislations and legal provisions to ensure a safe and transparent environment. Additionally, it suggests strengthening communication between security companies and private establishments to better understand clients’ needs, and encourages practical research and studies to analyze and improve the efficiency of guarding contract implementation in the Saudi context.