Sanctions as a Fundamental Element of the Legal Framework

Every violation of a legal rule entails a sanction as a penalty for breaching that rule. Legal rules are, by their nature, social rules because they focus on regulating individual behavior within society. A legal rule cannot exist without a society, since law governs the relationships that arise among members of society. Thus, the role of the legal rule is to regulate individuals’ conduct and actions in a manner that fosters harmony and stability in their mutual relations.

Legal rules depend on individuals’ intentions and purposes. If such a purpose is linked to an external activity that is legally permitted, it will be exempt from punishment. These behaviors, which are governed by such rules, vary from one society to another and from one era to another, as they are influenced by prevailing economic and social conditions.

The element of sanction serves as a deterrent that ensures respect for the law.

Sanctions are characterized as tangible, material, and regulated by legislation. Tangible material sanctions have a clear external effect, such as fines or compensation. In contrast, the sanction in this life takes effect immediately upon proof of the violation, alongside the greater punishment on the Day of Judgment.

Sanctions are not left to individuals to enforce on their own; rather, they are regulated by public authority in accordance with the law.

One form of legal sanction is specific performance, which occurs when a creditor demands that a debtor fulfill an obligation that has not been performed. Another example is compelling a seller to deliver the sold item to the buyer after payment of the price. Additionally, there is compensation-based enforcement, which applies when specific performance is impossible, thereby compensating the person for the harm suffered.

Another form of sanction is a declaration of nullity, which results from violating certain rules concerning the validity of a contract. Nullity may require restoring the contracting parties to the state they were in prior to the contract.

The legal rule constitutes a crucial foundation for organizing society, as it defines the behavior that individuals must follow. Sanctions ensure respect for and application of these rules, thereby achieving order and stability within society and protecting individuals’ rights, as stipulated by law.

Amal Saleh Al-Dosari

College of Commercial Studies, Law Major