أحكام النقل البحري للبضائع في الفقه الإسلامي وتطبيقها في القانون البحري اليمني

Abstract

This research discusses the provisions of maritime cargo transportation in Islamic jurisprudence and their application in Yemeni maritime law. The study elucidates the nature and characteristics of maritime transport contracts, identifying the obligations imposed on the carrier and the shipper. It also delves into the provisions of the bill of lading which is the document that contains the details of the transported goods and the terms of transport, playing a crucial role in commercial exchanges. Additionally, the research addresses the liability of the maritime carrier in cases where the transported goods are damaged. The study further explores the application of Islamic legal principles related to maritime cargo transportation in Yemeni maritime law. This research aims to collect the jurisprudential rulings that address the issue of transporting goods that spread across various chapters of jurisprudence and then applying them to Yemeni maritime law. The research concludes that Islamic jurisprudence is rich with rules and provisions that regulate contractual transactions between shipowners on one hand and cargo owners on the other, encompassing various aspects of maritime transportation. These provisions are distinguished by their ability to safeguard the rights of both the carrier and the shipper by ensuring a balance and equity between their rights and obligations and avoiding the potential abuse of power by the stronger party in the maritime transport contract. Moreover, these provisions guarantee fair compensation to the injured party in cases of loss, damage, or delay of goods without stipulating exemption from liability or setting a predetermined amount. The maritime carrier's liability is established based on a presumed responsibility, from which the carrier cannot disclaim unless proving an external cause. Keywords: maritime cargo transportation, provisions of Islamic jurisprudence, goods, Yemeni maritime law.