Date of Award

3-2020

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

This study examines the legal feasibility of ratification of the United Nations Convention on Contracts for International Sale of Goods (CISG) by Saudi Arabia as well other Islamic countries that apply Islamic law (Sharia). To understand the feasibility, this study is divided in three parts. Part One serves as a brief introduction to the CISG and Islamic Law (which is the governing contract law in Saudi Arabia). Part Two provides a comparison between the provisions of the CISG and Islamic Law, assessing whether they conflict or are compatible with one another. It is challenging to examine the entire Convention, so this section examines four issues: (a) interest; (b) the penalty clause; (c) deferring of prices and goods in sale contracts; and (d) open price contracts. Part Three examines the possibilities of Islamic states, especially Saudi Arabia, ratifying the CISG and determines the obstacles preventing them from doing so. This section also explores the advantages and disadvantages of ratification of the CISG, and it closely looks at the practical benefits of the ratification of CISG by Saudi Arabia.

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