Date of Award
Doctor of Juridical Science (SJD)
A law shall not violate its sources, especially if the sources are not subject to being overruled or ignored. However, one of the essential Islamic objectives is preserving the wealth “property.” This preservation requires protecting wealth from being acquired in illegitimate way, which will prevent the owners from controlling and enjoying their wealth. Islam protects true owners themselves from getting harmed or facing suffering caused by engaging in a transaction that involved their property. In making the law, Islamic scholars contend that any deliberate act that creates harm or makes someone suffer is “strictly prohibited” and must be rebuked. This legal rule is founded on a statement from the prophet “PBUH” who said, “There is no injury nor return of injury.”
The law of unclaimed accounts states the following: if the current account lays dormant for a five-year period, with no transactions by the customer or his authorized agent, the account shall be considered unclaimed and the bank should transfer the balance thereof to a pooled Suspense Account reserved for these accounts inside the bank. This law of unclaimed money has given the Saudi banks unjust power over their customers, causing difficulty for heirs and third-party creditors trying to retrieve their wealth. This law should be reformed by adopting a fair law to remove this harmful practice and restore the rightful owners’ rights to control and enjoy their wealth. This law also violates some major principles of Islam, such as the inheritance law. As a result, this law violates the two primary sources of Islam, so it is unconstitutional.
AlMasnad, Abdulrahman, "Unclaimed Money in Saudi Banks" (2016). Maurer Theses and Dissertations. 30.