The carriage of goods by sea contract : a comparative study in the Sunni Islamic jurisprudence (Fiqh)

Assaf, Adnan Mahmoud (2002). The carriage of goods by sea contract : a comparative study in the Sunni Islamic jurisprudence (Fiqh). University of Birmingham. Ph.D.

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Abstract

This thesis is devoted to one of the most important and widely spread maritime subjects i.e. the carriage of goods by sea contract. The study concentrates on interpreting the concept and the other legal issues relating to it from the Islamic legal point of view. The thesis consists of six chapters.

Chapter one; the introduction discusses the title, rationale, objective, scope, literature review and the methodology of this research.

Chapter two provides an overview of the carriage of goods by sea contract. Several significant issues are treated in this chapter including a critical assessment of the concept of the contract, al-\(^c\)Aqd, analysing the concept and the legal nature of the carriage of goods by sea contract, deducing its legal features and studying its legitimacy.

Chapter three sheds light on the ‘fundamental constituents’ and the conditions for the carriage of goods by sea contract in Islamic jurisprudence. It satisfies in a comparative way several topics relating to the ‘form of the contract’ such as its types, conditions for it and the options which relate to it. Further, it deduces the conditions for the two contractors, wage and object of this contract.

Chapter four assesses the consequences of the valid and invalid carriage of goods by sea contracts, such as the consequences which relate to the wage of the contract, the obligations of the contracting parties and the liabilities in this contract.

Chapter five aims to deduce the ways by which this contract is terminated. In addition to this, it highlights the litigation between the contracting parties.

Chapter six; the conclusion supplies a summary of this thesis, its outcome and its significance.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):