THE STUDY OF THE HAGUE VISBY RULES: THE RELEVANCY IN MALAYSIA ACCORDING TO APPLICATION OF LAW AND ISLAMIC PERSPECTIVE

Ahmad, Mohd Sharifuddin and Wan Ahamad, Wan Khairul Hakimin and Abd Ghadas, Zuhairah Ariff (2015) THE STUDY OF THE HAGUE VISBY RULES: THE RELEVANCY IN MALAYSIA ACCORDING TO APPLICATION OF LAW AND ISLAMIC PERSPECTIVE. In: International Conference on Law and Society IV, 10-11 MAY 2015, UNIVERSITI SULTAN ZAINAL ABIDIN.

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Abstract

The relevancies of Islamic knowledge are not restricted to the religious affairs and family matter but include the modern transaction and technology. The paper will discuss on the influence of Islamic teaching in determining the stand of Malaysia in adopting rules regarding to the carriage of goods by sea. In the modern practice, the shipment of goods involve with a contract of carriage of goods by sea between the shipper and the ship owner or carrier in which their terms are generally evidenced by a bill of lading. This a receipt issue by the ship owner acknowledging that goods have been delivered for the purpose of carriage and the term of the contract are incorporated in the bill of lading. Therefore, almost in all situations, the parties to contract of carriage of goods by sea covered by bill of lading or similar document had a total freedom to negotiate their own term. It leads the ship owner and carrier to manipulate this concept by inserting an exclusion clause in bill of lading which excludes them from liabilities. Most shipper or sellers were expected either to ship on term dictated by the carrier or not to ship at all. Due to the above unfairness, The International Law Association and the Committee Maritime International (CMI) held a series of diplomatic conference in The Hague, London and Brussel from 1921 to 1924 which resulted to the new Rules. However, despite of having the latest Rotterdam Rules 2009 which is intended to supersede the former Rules, the countries all over the world has an option to adopt anyone of them meanwhile, the state like Malaysia still adopting the Hague Rules 1924 via Carriage of Goods By Sea Act 1980. This lead to the main discussion whether Malaysia as a Islamic State which posses great reputation as maritime nation by having Port Klang and Tanjung Pelepas rank amongst the top ten best sea port and container terminal operator suppose to stick with the Hague Rules 1924 or should be change to later Rules by referring to the global needs and the Islamic Teaching. It is not a doubt that the adoption of new rules will reduce the oppression in transaction which upholds the Islamic concept. It is a doctrinal research which is descriptive in nature as the law study is be the main focus. The paper discusses comprehensively on the policies of the Rules which take into consideration the global practice and to what extend the Islamic Part will influence on the adoption of the Rules according to the concept of fairness and justice in Islam.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Prof. Dr Zuhairah Ariff Abd Ghadas
Date Deposited: 29 Dec 2015 03:06
Last Modified: 29 Dec 2015 03:06
URI: http://erep.unisza.edu.my/id/eprint/4278

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